Strategy and Tactics 18

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Posted 9/23/18

SPEED KILLS

Acting swiftly can save lives. And take them, too.

For Police Issues by Julius (Jay) Wachtel. On April 20, 1999, two high school seniors staged an elaborately planned massacre at Colorado’s Columbine High School. Before committing suicide they shot and killed twelve students and a teacher and wounded nearly two dozen others. When it comes to police strategy, Columbine changed everything. Criticism that lives would have been saved had officers moved in more quickly – they awaited SWAT, which took forty-five minutes to arrive – led the Governor’s review commission to suggest a new approach:

Clearly, rapid deployment poses risks to innocent victims but, even so, immediate deployment by teams of responding officers to locate and subdue armed perpetrators seems the best alternative among a set of risky and imperfect options in a situation like that at Columbine High School. (p. 67)

Dubbed IA/RD (“Immediate Action/Rapid Deployment”), the new strategy marked a shift in response philosophy, from containment to prompt intervention. To be sure, IA/RD doesn’t simply mean “barging in.” Officers are supposed to be trained in this approach, and when the opportunity comes form small teams and move in a coordinated fashion. Yet when things get “hot” in the real world time is at a premium, and the one thing that cops must have to make good decisions – accurate information – is often lacking.

Reacting swiftly can save lives. As events regularly demonstrate, it also creates “risks to innocent victims” that cannot be easily dismissed. During the early morning hours of July 31, Aurora (CO) patrol officers responded to a report of intruders at a private residence. They came upon a chaotic scene. Within moments gunfire erupted inside the home. An adult male came into view holding a flashlight in one hand and a gun in the other. When commanded to drop the weapon he raised the flashlight. An officer not yet identified shot him dead. Inside the residence cops found a naked dead man and an injured 11-year old boy. It turned out that the person whom the cop killed – Richard “Gary” Black Jr., a decorated Vietnam vet – was the lawful resident. He had fought with and shot the naked man – a known gang member and ex-con – after the intruder broke into the home and tried to drown Mr. Black’s grandson in the bathtub.

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Hasty responses have also proven tragically imprecise. On June 16 Los Angeles police officers were summoned to a stabbing at a homeless shelter. It turned out that an angry resident had cut his ex-girlfriend’s hands with a knife (her injuries were not critical.) When cops confronted the 32-year old assailant on the sidewalk he grabbed a disabled person, Elizabeth Tollison, 49, and put the knife to her throat. Officers opened fire, killing both.

Five weeks later, on July 21, a man who shot his grandmother led LAPD officers on a wild car chase. He eventually crashed his vehicle by a Trader Joe’s. Firing at officers, he ran inside. Police fired back. One of their rounds fatally wounded a store employee, Melyda Corado, 27. After a prolonged standoff, the suspect, Gene Atkins, 28, surrendered peacefully.

Sometimes there is no need to intercede. On September 6, Dallas police officer Amber Guyger, 30, finished her shift and drove to the apartment building where she had been living for a month. On arrival she parked one level higher than usual and inadvertently wound up at the apartment directly above her own. It so happened that its brand-new tenant, PricewaterhouseCoopers employee Botham Jean, 26, had left his door unsecured. Officer Guyger knew something was amiss but nonetheless walked in and reportedly issued loud “verbal commands.” But they failed to have the desired effect. Apparently thinking herself in peril, she fired twice, killing Mr. Jean in his own apartment.

Over the decades law enforcement experts, academics, interest groups and the Federal government have recommended ways to make policing more effective while preventing needless harm to the law-abiding. “Making Time,” a key tactic that skillful cops have always used, has been incorporated into organizational directives and training regimes, essentially becoming an official tool of the trade.

So what’s holding things back? Why is Police Issues revisiting the same concerns ad nauseam?

On October 20, 2014 Chicago officers responded to a call about a teen trying to break into parked vehicles. Patrol cops soon encountered 17-year old Laquan McDonald. He was walking down the street, reportedly “swaying” a knife. As our original post indicated, and as the officers likely assumed, the teen had lived a hard life. So they called in for assistance to peacefully corral the troubled youth. A half-dozen additional units soon arrived:

‘We were trying to buy time to have a Taser,’ Officer Joseph McElligott testified Monday in a hushed Cook County courtroom. ‘(McDonald) didn’t make any direct movement at me, and I felt like my partner was protected for the most part inside the vehicle…We were just trying to be patient.’

Officers retained their approach even when McDonald ignored commands to drop the knife and slashed a police car’s tires. Then officer Jason Van Dyke and his partner pulled up. According to his colleagues, Van Dyke, a 14-year veteran, emptied his pistol at the youth within six seconds (his partner stopped him from reloading.) More than a year later, following public protests and a court-ordered release of officer bodycam video, officer Van Dyke was charged with murdering McDonald. (Van Dyke is presently on trial. For compelling details about the case see the special section in the Tribune website.)

This wasn’t the first time that a cop’s unwelcome intrusion undermined a promising response. “Routinely Chaotic” discussed the notorious October, 2016 killing of Deborah Danner, a mentally ill 66-year old woman. While she was being successfully contained a late-arriving supervisor butted in, causing Ms. Danner to flee to the bedroom and pick up a baseball bat. Sgt. Hugh Barry promptly shot her dead. He was tried for the killing but acquitted by a judge. (Sgt. Barry remains on limited duty awaiting departmental action.)

In the uncertain environment of the streets, outcomes are shaped by many factors, including the availability and accuracy of information, police and mental health resources, and officer knowledge and experience. Officer personality characteristics, though, typically receive scant attention. Yet all who have worked in law enforcement (including your blogger) know that its practitioners are human: they have quirks, and their behavior can deteriorate under stress.

“Three Inexplicable Shootings” suggested that “cops who are easily rattled, risk-intolerant, impulsive or aggressive are more likely to resort to force or apply it inappropriately.” Violent experiences – and in our gun-saturated land they are deplorably common – undoubtedly play a major role in fashioning the lens through which officers perceive and respond to threats:

One year before blundering into the wrong apartment, Dallas officer Guyger (mentioned above) shot and wounded a parolee after he took away her Taser. Her actions were deemed justified and the suspect, who survived, was returned to prison. (An unidentified “police official” attributed officer Guyger’s recent, lethal lapse to the effects of an excessive long shift.)
One month before killing Richard Black, the unnamed Aurora cop shot mentioned above shot and killed an armed pedestrian whom he and a partner confronted during a “shots-fired” call. Although the shooting seemed justified, a lawyer for Black’s family questioned whether the officer should have been returned to regular duty so quickly.

Our “sample” is infinitesimally small. It’s also not lacking for contradictions. Chicago cop Jason Van Dyke, for example, testified that he had never fired at anyone other than McDonald during his 14-year career. (Officer Van Dyke did amass a not-inconsequential record of citizen complaints, including one that triggered a large monetary award.)

According to the National Law Enforcement Officers Memorial, thirty-one officers were shot and killed during the first half of 2018, while twenty-five fell to gunfire during the same period in 2017. Los Angeles, where your blogger is based, has been beset with shootings of police. On July 27 a gang member on probation shot and wounded an LAPD officer who told him to exit his vehicle during a seemingly “routine” traffic stop (the assailant was shot and killed by her partner.) On September 19 two L.A. County Sheriff’s deputies were wounded during a firefight with assault suspects. One suspect was killed and another was wounded.

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When streets teem with guns and with evildoers willing to use them, risk-tolerance can be “a very hard sell.” But there’s no arguing that rushed police decisions can needlessly kill. What’s the solution? PERF’s “Guiding Principles on Use of Force” suggests that keeping distance, taking cover and “de-escalating” can provide a safe middle-ground:

…rushing in unnecessarily can endanger the responding officers…When officers can keep their distance from a person who is holding a knife or throwing rocks and attempt to defuse the situation through communication and other de-escalation strategies, they can avoid ever reaching that point where there is a significant threat of death or serious physical injury to anyone, including themselves.

Still, considering the dynamics of street encounters, there’s no guarantee that time, cover and distance will be available. In the uncertain and often hostile environment of the streets, officers can find it impossible to quickly choreograph and implement a peaceful response. Bottom line: “slowing down” requires that cops occasionally accept considerable risk. Should their judgment be off, they can be easily hurt or killed. That’s not ideology: it’s just plain fact. And it’s the fundamental dilemma that well-meaning “experts” have yet to address.

UPDATES (scroll)

11/22/24 In 2022 L.A. resident Albert Corado Sr. unsuccessfully campaigned for election to a place on the L.A. City Council. His main objective: abolish the LAPD and replace it with civilians. Four years earlier his daughter, Melyda, was accidentally shot and killed by police officers as they exchanged gunfire with a man they had chased into the Trader Joe’s that she managed. No officers were disciplined; the shooting was found to be "in policy". Her father’s lawsuit against the city was just settled for $9.5 million.

Convicted of murder in October 2019 for mistakenly entering the wrong apartment in her complex and shooting its occupant dead, ex-Dallas cop Amber Guyger is serving a ten-year prison sentence. Her bid for parole was recently denied. And she’s now on the hook for a $100 million civil judgment, rendered by a jury during a civil trial in which she declined to participate. Her lawyer in the criminal case implied that the judgment would have little effect, as his former client is “destitute.”

9/2/24 Los Angeles settled its lawsuit with the family of Melyda Corrado, who was accidentally shot and killed by LAPD officers as they exchanged fire with a suspect they chased into the Trader Joe’s where she worked. Her survivors will receive $9.5 million. L.A.’s City Council also approved $17.7 million for the family of a mentally disabled man who was shot and killed by an off-duty cop, and $11.8 million for the family of a man who was killed in a traffic accident caused by a detective who blew a red light.

2/6/24 In 2020, one year after their epic encounter with Elijah McClain, Aurora (CO) police stopped a car they (mistakenly) thought was stolen. Guns pointed, officers initially placed its upset driver, a Black woman, and her children, on the ground, face-down. A D.A.’s investigation did not lead to any charges against officers, and those involved remained on the force. But their conduct was deemed “unacceptable.” And the city has now settled the family’s lawsuit for $1.9 million. Video

12/1/23 In 2019 Aaron Dean, a rookie Forth Worth police officer, responded to a call about a home’s open front door. Observing through a window that an armed Black woman had appeared inside, Dean, who is White, fired a shot through the glass, killing her. She turned out to be the homeowner, Atatiana Jefferson. Dean was later convicted of manslaughter. His victim’s eight-year old nephew, who was present, testified at his trial. Fort Worth just agreed to pay Zion Carr $3.5 million in compensation. (See 1/30/20 and 12/16/22 updates)

5/26/23 An eleven-year old boy who was asked by his mother to call police because of the presence of an intruder was shot and seriously wounded by an Indianola, Mississippi police sergeant who opened fire when the boy stepped into the home’s living room. And in Mantua, New Jersey, a police officer has been indicted on manslaughter charges for a 2021 shooting in which he opened fire on the 9-1-1 caller “less than five seconds” after arriving on scene.

2/17/23 A 23-year old Shreveport, La. police officer faces negligent homicide charges after killing an unarmed 43-year old man whose wife called 9-1-1 to report that he was under the influence and had threatened her and her daughter. Alonzo Bagley initially let the officers into the apartment, but he then jumped to the ground and ran off. Officer Alexander Tyler promptly drew his gun and inexplicably shot Mr. Bagley less than a minute into the chase.

12/16/22 In 2019 rookie Forth Worth police officer Aaron Dean shot and killed a homeowner when she allegedly pointed a gun at him through a window. At the time Dean and his partner were in the backyard after responding to a call that the home’s front door was open. Dean was fired and charged with murder and manslaughter. On December 15 a jury convicted him of the lesser charge (see 1/30/20 and 12/1/23 updates).

11/14/22 Originally charged with manslaughter, Former Sharon Hill (Phila. area) police officers Sean Dolan, Devon Smith and Brian Devaney pled guilty to ten counts of reckless endangerment for unleashing a barrage at a suspicious car after two quarreling teens exchanged fire at the end of a high school football game. The officers’ bullets killed eight-year old Fanta Bility and wounded three other spectators. Originally charged with murder because of the child’s death, the teens escaped punishment (see 1/19/22 update).

10/7/22 Rushing in response to the sighting of a stolen vehicle, an NYPD patrol car careened out of control, smashing into other cars and mounting a sidewalk crowded with pedestrians. Ten citizens, including two children, were hospitalized; two are reportedly in critical condition. According to a police official, “...officers were trying to do the right thing. They were trying to prevent a crime in progress, they were trying to apprehend someone who was ready to victimize a good person in the Bronx.”

9/27/22 Jurors rejected murder charges against a White former Philadelphia cop who shot and killed an unarmed Black motorist after a high-speed December 2017 pursuit that ended in a crash. But they convicted Eric Ruch, Jr., a ten-year veteran, of felony manslaughter for needlessly opening fire on Dennis Plowden Jr., 25, moments after the pursuit came to an end. Mr. Ruch testified that he thought Mr. Plowden, who was sitting on the sidewalk, was hiding a gun in his right hand. But it turned out to be heroin. Mr. Ruch was taken into custody and faces a 20-year maximum term.

7/3/22 Akron police released graphic footage depicting the pursuit and shooting death of Black motorist Jayland Walker during the early morning hours of June 27. Walker, who refused to pull over for a traffic violation, fled on foot after a long car chase. Officers fired Tasers, then opened up with their handguns when Walker reportedly turned on them. Walker allegedly fired a shot from his car, and a loaded pistol and an empty cartridge casing were found in the vehicle. But he was unarmed when killed. Edited video

6/27/22 A Washington Post examination of its national database of police shootings reveals 178 instances during 2019-2021 in which officers shot and killed persons in distress whom they had been called to assist. In a 2020 episode, San Antonio (Tx) deputies visited a combat veteran three times in two days. Their last encounter ended tragically when the disturbed man, who was wearing a holstered gun, engaged the deputies in a fight.

5/28/22 “It was the wrong decision, period.” That’s how Texas DPS Director Steven C. McCraw feels about what turned out to be an hour-long delay before officers stormed the gunman who massacred nineteen students and two teachers at an Uvalde elementary school. His sentiments were seconded by Texas Governor Greg Abbott, who was “absolutely livid” after hearing accounts of children who called 9-1-1 begging for police to respond. Yet two of the first officers on scene had been grazed by the shooter’s bullets, which pierced a door and struck them in the hallway.

5/27/22 Uvalde (TX) police are being criticized for failing to persistently confront Salvador Ramos after he began his rampage at Robb Elementary school. Ramos, who was carrying a rifle and a bag of ammunition, fired at two bystanders as he walked to the school. He climbed a fence, fired more rounds, and entered the building through an unlocked door. Less than five minutes later several police officers arrived and went inside. Ramos opened fire and they backed off. Officers then focused on evacuating students. A half-hour later tactical teams went in and exchanged fire with Ramos, killing him.

4/16/22 A Los Angeles Times review of fifty LAPD shootings since 2020 reveals that in eight encounters officers fired less-than-lethal projectiles while their colleagues “simultaneously” fired real bullets. In each episode the citizens weren’t armed with firearms but with bladed weapons. In one instance, a man flaunting a sword “was simultaneously shot in the street with a projectile and a rifle round from 77 feet away.” Efforts are being made to get officers to “slow down” and give less-lethal options an opportunity to work.

2/22/22 Police gunfire that places innocents at risk is “under the gun” in Southern California. LAPD chief Michel Moore recently concurred with a finding by the Police Commission that an off-duty lieutenant violated policy by firing at a fleeing vehicle. Although one of its passengers had just shot a pedestrian, the officer was not considered in danger, and his bullets could have imperiled others. In another incident, a carjacking suspect pulled a gun as Sheriff’s deputies closed in to make an arrest. They fired as the man ran into a backyard, striking him multiple times. While he survived, deputies later discovered the body of a 67-year old man in the yard. He had apparently been shot dead, but by whom is as yet unknown. Per recent California law, State agents will investigate to determine if fault exists.

2/3/22 Ex-Chicago cop Jason Van Dyke, who was convicted of second-degree murder in 2018 for the shooting death of Laquan McDonald four years earlier, was released from prison today after serving half his six-year term. Activists plan protests, and civil rights leaders are demanding that the Feds prosecute Van Dyke for civil rights violations. Van Dyke had arrived on scene while other officers were tracking the knife-wielding youth. He fired a volley nearly instantly, and his partner stopped him from reloading.

1/19/22 In the evening of August 27, 2021 gunfire broke out as spectators left a high school football game in a Philadelphia suburb. Two bullets reportedly came near three officers standing nearby. They unleashed a 25-round barrage at a car they thought was the source. Their rounds went into the crowd, killing eight-year old Fanta Bility and wounding three others. Sharon Hill police officers Devon Smith, Sean Dolan and Brian Devaney have been charged with manslaughter and reckless endangerment. Two teens also face charges for the original exchange. (Original Washington Post story.)(See 11/14/22 update)

12/28/21 LAPD released a video compilation of the December 23 shooting in a Burlington clothing store where a man with a chain and bolt attacked shoppers and left a woman bleeding in an aisle. A group of officers entered the store. One, armed with an AR-15 style rifle, made his way to the front and encountered the assailant from a distance. The officer repeatedly fired, killing the suspect, Daniel Elena-Lopez, 24. Tragically, one of the bullets from the powerful weapon pierced an interior wall and killed a 14-year old girl, Valentina Orellana-Peralta, who was trying on dresses in a nearby changing room.

12/24/21 A Los Angeles police officer opened fire on a man who assaulted a woman inside a clothing store.LAPD officers have reportedly shot and killed seventeen persons so far this year, compared to seven in all of 2020 and twelve in 2019.

9/16/21 Prompted by the 2019 death of Elijah Mc Clain, a State investigation of Aurora (CO) police concluded that its officers “engaged in a pattern of racially biased policing and excessive force.” One key finding was that while Black persons constitute fifteen percent of the city’s population, during a recent three-year period Blacks were subject to nearly half of all uses of force. Aurora PD has been invited to voluntarily participate in State monitoring; if it does not, a Court order will be sought.

4/28/21 Amber Guyger, the ex-Dallas cop who, tired after a shift, walked into the wrong apartment and mistakenly shot and killed its tenant, thinking him an intruder, is appealing her murder conviction and ten-year sentence. Ms. Guyger claims that at most she committed negligent homicide. But prosecutors insist that “intentionally killing a man in his own apartment is murder.”

2/23/21 On August 24, 2019 Aurora (CO) police forcefully detained Elijah McClain, a 21-year old Black pedestrian whom a 9-1-1 caller reported was behaving oddly. During the struggle officers applied a carotid hold. On arrival paramedics diagnosed excited delirium syndrome (exDS) and injected a sedative (ketamine). McClain soon went into cardiac arrest and died days later at a hospital. On February 22, 2021 an official city report concluded that police did not have adequate cause to forcefully detain or restrain Mr. McClain and that officers and paramedics badly mishandled the situation.

12/16/20 Finding that they acted to protect their lives and those of innocent citizens, prosecutors declined to charge the LAPD officers who accidentally killed a Trader Joe’s employee in July 2018 while exchanging gunfire with a suspect they chased into the store. Their actions had been ruled “in policy” by Police commissioners and Chief Michel Moore, who likened the incident to “every officer’s worst nightmare.”

9/23/20 Protests erupted in Louisville after a Grand Jury did not indict the two detectives whose bullets killed Breonna Taylor during the execution of a narcotics search warrant by four officers at her apartment in March. Officers opened fire when Kenneth Walker, Ms. Taylor’s boyfriend, pulled a gun and shot a detective in the leg as he burst in. Jurors indicted only one officer, Brett Hankinson, for carelessly unleashing a fusillade that endangered other tenants.

1/30/20 Aaron Dean, the former Fort Worth officer who shot through a home’s window and killed its lawful resident was indicted for murder. Summoned by a neighbor who reported an open front door, Dean and another officer arrived during the early morning hours. A woman in the home heard the commotion, grabbed a handgun and came to the window. Dean yelled for her to show her hands, then fired a single shot, which proved fatal (see 12/16/22 and 12/1/23 updates).

11/2/19 Ex-Georgia cop Robert Olsen was sentenced to twelve years imprisonment on charges of aggravated assault and perjury for shooting and killing a mentally disturbed black vet who had stripped naked and was lying on the ground. Jurors found that Olsen, who is white, lied when he said that the victim ran at him and refused to stop. But they acquitted him of murder.

10/3/19 Jurors convicted former Dallas police officer Amber Guyger (see above) of the most serious charge, murder. Returning home after a shift, officer Guyger mistakenly entered the wrong apartment, then shot and killed its occupant thinking that he posed a threat. Officer Guyger faced a prison term of five to ninety-nine years. She elected to be sentenced by the jury. After a hearing in which witnesses were called, jurors sentenced her to ten years.

9/30/19 NYPD officer Brian Mulkeen was accidentally shot and killed by other officers after he fired at an armed felon whom he encountered at a crime-ridden housing project in the Bronx. Although overall crime in New York City is down, the area, patrolled by the 47th. Precinct, had ten shootings to date in 2018 but fifteen so far this year.

2/15/19 On February 12, seven NYPD officers unleashed a barrage of gunfire – forty-two rounds in eleven seconds – at an armed robber. Two veteran officers were caught in crossfire: one, Brian Simonsen, 42, died; the other, Matthew Gorman, 34, was wounded. The 27-year old suspect, a chronic offender, was also wounded. His gun turned out to be a hyper-realistic toy.

2/5/19 The Alabama attorney general ruled that given the circumstances he faced, the officer who shot and killed Emantic Bradford (see 12/1/18 update) acted reasonably, in accordance with his training and national standards, and will not be charged.

1/17/19 A Chicago judge acquitted three officers of conspiring to obstruct justice by giving false accounts that justified officer Jason Van Dyke’s shooting of Laquan McDonald. Two, Van Dyke’s partner and an officer who investigated the incident, have resigned.

1/3/19 While chasing a man who had fired at him, a NYPD officer discharged twenty-seven rounds, wounding the suspect and two passers-by, one severely. A superior said the officer’s actions were “legally justified” but could not comment on whether they followed agency rules.

12/8/18 Ventura deputy Sgt. Ron Helus, one of the twelve persons killed during a December 7 mass shooting at an L.A.-area bar, sustained a lethal wound from a rifle round fired by a CHP officer as they exchanged fire with the gunman. Ventura Sheriff Bill Ayub said the tragedy may not have been preventable: “In my view, it was unavoidable. It was just a horrific scene that the two men encountered inside the bar.”

12/1/18 On November 30 Dallas officer Amber Guyger was indicted for murder, which carries a potential life sentence. Her original charge, manslaughter, brought on criticism of the D.A.

12/1/18 A police officer responding to a November 22 shooting in a crowded Alabama mall shot and killed Emantic Bradford Jr., a 21-year old black man with a gun in hand. It turned out that Bradford was not the gunman, that he was licensed to carry, and that he was trying to help others. The suspect who shot and wounded two was later arrested. Alabama is an “open-carry” state.

11/15/18 On 11/11 a cop responded to a bar shooting in a Chicago suburb. On arrival the officer encountered an armed man in the parking lot, holding another man at gunpoint. Reports conflict, but the officer claimed that the armed man, Jemel Roberson, 26, wasn’t wearing a uniform and didn’t obey commands to put down the gun. The officer, who is white, then shot him dead. Roberson, a black man, was a security guard and supposedly wearing an identifying cap. The man he held had reportedly opened fire in the bar and wounded several patrons. Illinois state police summary

10/5/18 Chicago jurors convicted officer Jason Van Dyke of second-degree murder and sixteen counts of aggravated battery with a firearm. He faces a minimum of six years imprisonment. His lawyer bemoaned the conviction and said it would make cops fearful of doing their jobs. But a sign-waving crowd awaiting the verdict outside City Hall rejoiced.

9/25/18 On 9/24/18 an L.A. County sheriff’s deputy was shot and wounded while trying to disarm a middle-aged man during a traffic stop. His partner shot and killed the assailant.

9/24/18 Dallas police fired officer Amber Guyger for “adverse conduct” in the shooting death of Botham Jean. She has also been charged with manslaughter.

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When Hard Heads Collide (II) What Were They Thinking? (I) (II) Who’s in Charge?

Full Stop Ahead A Partner in Every Sense When Must Cops Shoot? (I) (II) RIP Proactive Policing?

White on Black Black on Black “SWAT” is a Verb Punishment Isn’t a Cop’s Job Urban Ship

Fair But Firm Workplace Without Pity Two Sides Informed and Lethal Friendly Fire

A Not-So-Magnificent Obsession Routinely Chaotic Three Inexplicable Shootings Working Scared

De-Escalation More Rules, Less Force? Does Race Matter? (I) Homeless, Mentally Ill, Dead

Is it When to Chase? Making Time Every Cop Needs a Taser Is it Too Easy to Zap?

There’s no Easy Solution When Cops Kill (I) (II)

Posted 3/6/18

ROUTINELY CHAOTIC

Rule #1: Don’t let chaos distort the police response. Rule #2: See Rule #1.

For Police Issues by Julius (Jay) Wachtel. “She was too fast for me.” Taking the stand at his trial for murder, manslaughter and negligent homicide, that’s how NYPD Sgt. Hugh Barry explained winding up in a situation that ultimately forced him to pull the trigger, mortally wounding Deborah Danner, 66, a diagnosed paranoid schizophrenic. Only a day later Mayor DeBlasio declared the officer at fault: “The shooting of Deborah Danner is tragic and it is unacceptable. It should never have happened.” Police Commissioner James O’Neill agreed: “That’s not how we trained. We failed.”

On October 18, 2016 officers were dispatched to the apartment building where Ms. Danner lived and occasionally lost control. Sgt. Barry testified that when he arrived Ms. Danner was ensconced in her bedroom, a pair of scissors in hand. He said he convinced her to put the scissors down and come out, but she soon became recalcitrant. Fearing she’d go back for the scissors, he tried to grab her, but the panicked woman slipped away. So he chased her back into the bedroom, and got confronted with a baseball bat. Sgt. Barry testified that Ms. Danner ignored repeated commands to drop the object, then aggressively stepped towards him and began her swing.

In our earlier comments about the case (A Stitch in Time and Are Civilians Too Easy on the Police?) we referred to NYPD’s lengthy and, in our opinion, confusingly written protocols. In all, these rules apparently prescribe that unless a mentally ill person’s actions “constitute [an] immediate threat of serious physical injury or death to himself or others” officers should limit their response to establishing a “zone of safety” and await the arrival of their supervisor and an emergency services unit.

Well, a sergeant got there, and he didn’t wait for the specialists. With the Big Apple still reeling from Eric Garner’s death at the hands of a cop two years earlier, the mayor and police commissioner probably figured that accepting responsibility and promising reform was the wisest course. Ditto for the D.A. While she vigorously insisted that her decision to prosecute was based on the facts, and nothing but, expressions of concern by Black Lives Matter and other activists might have helped spur Sgt. Barry’s indictment seven months later.

As one would expect, the charges – and their severity – caused an uproar in cop-land. Here’s how the NYPD Sergeant’s Benevolent Association disparaged the “political prosecution”:

Police Commissioner James O’Neill stated that “we failed” when describing the fatal shooting of Deborah Danner, an emotionally disturbed woman who attacked Sgt. Hugh Barry with a baseball bat. The reality is that Commissioner O’Neill “lied” because, in the split-second that Sgt. Barry had to make a momentous decision, he followed department guidelines…

Here’s how a union member saw it:

…There is nothing easier than to be a Monday morning quarterback. This is an absolute joke, my thoughts and prayers are with all of you guys in particular Sgt. Barry. I am quite confident justice will prevail in this situation…

While their arrival was staggered (Sgt. Barry reportedly came in next to last), five patrol officers and two paramedics ultimately handled the call. According to a reporter who sat through the trial, their testimony clashed:

Two emergency medical technicians and five police officers have testified over the last two days of trial, giving differing accounts of what happened. It is not unusual for witnesses to a shooting to remember things differently, though in this trial, some of the inconsistencies have been striking.

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“Striking” seems an understatement. A paramedic testified that she was conversing with Ms. Danner when the supervisor arrived. Sgt. Barry didn’t contact her, and officers soon butted in, causing the agitated woman to scurry back to the bedroom. However, four officers insisted that the medics never actually entered the apartment, while the fifth, Officer Camilo Rosario, said that the EMT who spoke with Ms. Danner retreated to the front door when Sgt. Barry arrived. Officer Rosario’s account also differed from Sgt. Barry’s. Officer Rosario said he informed his supervisor about the scissors and Ms. Danner’s refusal to voluntarily go to the hospital. So they soon decided to go to the bedroom to fetch her. Officer Rosario, who was right behind Sgt. Barry, agreed that Ms. Danner threatened with a bat, and that’s when the shooting happened.

Sgt. Barry conceded that containing Ms. Danner within a “zone of safety” and awaiting the arrival of an emergency services team might have been possible. He also turned away (we think, correctly) the suggestion he should have used a Taser, as CED’s are neither suitable nor intended for use as defensive weapons. Of course, Sgt. Barry wasn’t being prosecuted for violating policy but for needlessly taking Ms. Danner’s life. In the end, the judge (it was a bench trial) felt that prosecutors did not met their stiff burden, and he acquitted Sgt. Barry on all counts.

In “Are Civilians Too Easy on the Police?” we suggested that the case was purposely overcharged so that jurors who may have been reluctant to severely sanction a cop had a lesser offense on which to convict. That’s probably why Sgt. Barry opted to be tried by a judge. He is presently on desk duty awaiting an internal hearing. Unless he can convincingly argue that his decision not to wait for specialists was correct – that Ms. Danner posed an imminent threat to herself or others – his future with NYPD seems bleak.

In science the “ideal case” is a made-up example that typifies the situation under study. But when it comes to failed encounters between citizens and police there’s little need to concoct scenarios. Our Use of Force and Strategy and Tactics sections brim with accounts of policing gone wrong (for a few recent examples click here). Indeed, handling chaos is what cops do. What they try to avoid – usually, successfully – is letting the messiness of the real world infect their response so it turns into what officers sneeringly refer to as a “cluster”.

To be sure, there is no shortage of guidance for handling fraught situations. Experts routinely advise that officers who encounter troubled persons “de-escalate” and slow things down, giving themselves an opportunity to think things through and making time for supervisors and specialists to arrive. Well, they may not have called it “de-escalation,” but that commonsense approach is what good cops have always done. Regrettably, what advice-givers can’t supply is more cops. Lots of bad things can happen during a shift, from nasty domestic disputes to robberies and shootings, so care must be taken to leave some uniforms available. Given limited resources (anybody out there got too many cops?) calls must be handled expeditiously and without needlessly tying up specialized teams. As a one-time police sergeant, your blogger thinks that’s what Sgt. Barry was trying to do. Really, a supervisor, five officers and two EMT’s on a single call would be pretty darn good most anywhere.

Might things have turned out differently had an officer Tasered Ms. Danner early on? Possibly. NYPD’s rules specifically allow (i.e., encourage) using CED’s “to assist in restraining emotionally disturbed persons.” Properly deploying the devices, though, can be tricky. At least two officers must be directly involved. Subjects should be relatively still, offer an ample target area and not be heavily clothed. Applying multiple doses or zapping the infirm, elderly or mentally disturbed (Ms. Danner fits at least the last two categories) can prove fatal. CED’s are useful, but far from an unqualified solution.

Fine. Humankind is frail. Chaos rules the streets. There is a surplus of wackos and a shortage of cops. One-size-fits-all solutions are rare. So, Dr. Jay, what do you suggest?

We won’t belabor the subject of critical incident response, which has been exhaustively addressed by authoritative sources (for two examples click here and here.) Instead, let’s advance a couple of points that are frequently missing from the conversation.

First, as to early intervention. “A Stitch in Time” emphasized the pressing need to detain mentally disturbed persons for examination and treatment as soon as they become a cause for police concern. That’s especially true for individuals such as Deborah Danner who live alone. If that seems harsh, consider that waiting until the third episode may, as with Ms. Danner, turn into a death sentence.

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Secondly, we must stop thinking of police as a quasi-military force. Those of us who have been in both occupations know that military operations are typically conducted in groups. Policing is decidedly not. While police also have sergeants, lieutenants and what-not, life-changing decisions are regularly made by twenty-somethings with a badge, acting completely on their own. By the time supervisors such as Sgt. Barry arrive on scene a lot has usually transpired. From our reading of news reports, Officer Rosario seemed to be especially well-informed, having observed Ms. Danner’s behavior from the early stages of the incident through her interaction with the EMT. But he apparently deferred to the judgment of his late-arriving superior, who promptly grabbed for the woman, and ultimately shot her, within five minutes of arrival.

What to do? Police protocols should place those most familiar with a situation – typically, the first officer(s) on scene – in charge, at least until things have sufficiently stabilized for a safe hand-off. Officer Rosario and his colleagues had been monitoring the disturbed woman and waiting her out. Had Sgt. Barry taken on a supportive role, as supervisors routinely do, and let her alone, a heart-warming Hollywood ending might have been far more likely.

UPDATES (scroll)

10/15/24 An in-depth assessment of the consequences of officer exposure to the “cumulative stress of policing” reveals that an accumulation of stressful and traumatic events, and the frequent use of force, can lead to depression and PTSD. Officers involved in an episode that leads to a death seem particularly apt to “quietly deal with trauma in ways that cause their performance or judgment to slip on the streets.”

4/3/24 A graphic video of the pursuit of a man who murdered his wife shows San Bernardino County, Calif. deputies shooting and killing his daughter as she walks towards them, seemingly to surrender, at the end of the chase. Savannah Graziano, 15, was attired in a tactical vest and helmet but was unarmed. It’s not yet clear whether she was purposely shot or was caught in crossfire between deputies and her father, Anthony Graziano. He was shot dead. Sheriff Shannon Dicus previously suggested that the teen may have participated in her “abduction” and even fired on deputies during the chase. Video

2/1/24 New Mexico prosecutors have declined to file charges against three Farmington police officers for shooting and killing a man who answered his door while armed with a gun. Officers, who had mistakenly gone to the wrong home on a 9-1-1 call, fired at Robert Dotson, 52, when he reportedly raised the gun. Dotson’s wife, who was also armed, opened fire from inside the home, but then stopped when she realized it was the police. She wasn’t hurt. Detailed D.A. review

5/30/23 A small-city detective who was working a vehicle theft sting with San Diego County deputies is suing after a bullet from gunfire that deputies directed at a thief struck him in the leg. According to the plaintiff, the deputies, with whom he couldn't communicate because he was not given the proper radio, fired at the man although he did not pose an immediate threat. It’s also alleged that the deputies were poorly trained and that one had a history of improper use of force that was never addressed. Lawsuit

4/17/23 Responding to a late-evening domestic violence call, Farmington (NM) police officers knocked on a door, then backed off and illuminated the homeowner with a spotlight when he appeared. Robert Dotson, 52, held a gun, and as he raised it the officers opened fire, killing him. His wife then opened fire as well. It turns out that the officers were at the wrong house, and may have realized it before shooting.

7/21/22 Last July an LAPD officer shot a disturbed man who “aggressively” advanced on him and his partner with a knife. Samuel Soto, 53, was wounded and dropped the knife. But he got back on his feet. A police helicopter came on scene. Its noise drowned out the cops’ shouts to newly-arriving officers that Soto was no longer armed. And as he advanced on them, they shot him, causing injuries that would lead to his death. Officers have experienced similar difficulties caused by rotor noise in the past.

7/3/22 Akron police released graphic footage depicting the pursuit and shooting death of Black motorist Jayland Walker during the early morning hours of June 27. Walker, who refused to pull over for a traffic violation, fled on foot after a long car chase. Officers fired Tasers, then opened up with their handguns when Walker reportedly turned on them. Walker allegedly fired a shot from his car, and a loaded pistol and an empty cartridge casing were found in the vehicle. But he was unarmed when killed. Edited video

1/24/21 Ms. Ashli Babbitt was shot dead by a Capitol police lieutenant who had taken up a “strategic choke point” to allow legislators to flee. His official account, as related by a third party, emphasized the chaos and violence. Radio traffic was replete with accounts of force, requests for backup, and, he thought, a mention of shots being fired. He couldn’t tell whether Ms. Babbitt and her companions were armed. He didn’t know that officers were in the hallway she occupied, nor that a tactical team was coming.

12/16/19 BJA released “How to Reduce Repeat Encounters,” a four-step plan designed to help police executives devise and implement management and response strategies for identifying and properly dealing with troubled, repeat users of police services.

12/6/18 Two citizens were wounded during an exchange of gunfire between NYPD officers and a suspect who allegedly fired his gun during a “drug ripoff.” Officers discharged “20 to 25 rounds”; it is presently unknown whether any of their bullets struck the innocent victims.

3/18/18 Inability of sheriff and police to communicate with each other by radio and a mistaken belief that school video surveillance was real-time (it was set on 20-minute delay) also hampered the response to the Florida school shooting.

3/9/18 The Florida deputy whom President Trump and others excoriated for not entering Marjorie Stoneman High School said that a victim found outside and other indicia led him to believe that the shooter was outside. The first local police officer on scene followed his lead and also set up outside.

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