BAY AREA RAPID TRANSIT POLICE DEPARTMENT
Of?ce of Internal Affairs
800 Madison Street
P.O. Box 12688
Oakland. CA 94604-2688
ww w.ba rt.gov/ pol ice

 

 

DATE: .Iune 27. 2016
TO: Internal Affairs File IA2014-036
FROM: Lieutenant Lance Haight

SUBJECT: Internal Affairs Investigation. Case IA2014-036

Complainant:

M- S-



Subject Emplovee:

Of?cer .\?olan Pianta

Allegations:

Force
I?erfomiance (Report Writing)
Conduct Unbecoming

Date. Time and Location of Incident:

The incident in question occurred on March 17. 2014. at around 2015 hours. at the Alameda
ount)? Sheriff's Department Santa Rita .lail booking area. Internal Affairs conducted a review
ofthe Supervisor Use of Force Investigation Report and initiated an administmtive investigation
on April 7. 2014. On September 17. 2014. the Department became aware ol'a civil suit ?led by
Ms. 8-. Asa result. this investigation was tolled from September 17. 20M. until April 28.
2016. while the civil suit was pending. The tolling period was 1 year. 7 months. and 1 days.

Witnesses:

Oakland Police Of?cers Kitrel Carter. Paul Phillips. Michael Stolzman. and Joel Ilight
Alameda County Sheri 'I?echnician Michelle Buckhout

BA Police Report: 1403-2632

 AFFAIRS FILE: 2 of 34

BACKGROUND

Ms. -was arrested by Officers Trabanino and Carrasco at the Lake Merritt BART
Station for public intoxication, resisting arrest and battery on a peace of?cer on Monday, March
17, 2014, at about 1834 hours.

Of?cer Pianta was assigned to transport S-from Lake Merritt BART Station to Santa Rita
Jail. During the booking process, 8- reportedly tried to strike Pianta, and Pianta took
S-to the ground. 8- was injured in the incident at Santa Rita and was transported to
Eden Hospital for treatment. Sergeant Szopinski conducted a Supervisor Use of Force
Investigation and interviewed _at the hospital. 8- did not make a complaint at that
time.

Internal Affairs reviewed the Supervisor Use of Force Investigation Report and subsequently
initiated an administrative investigation on April 7, 2014, regarding the incident.

On September 17, 2015, the Department became aware that 8- had ?led a lawsuit
regarding the incident at Santa Rita Jail and alleged excessive force on the part of O?icer Pianta.
The administrative investigation was tolled from September 17, 2015, until April 28, 2016, when
the civil suit was settled.

The Of?ce of Internal Affairs initiated this investigation which will consider any potential policy
violations by Of?cer Pianta. 1, Lieutenant Lance Haight, have taken the assignment to conduct
this investigation.

INVESTIGATION STATEMENTS AND EVIDENCE



Ms. is the principal complainant as speci?ed in the lawsuit. 1 was directed by
BART legal counsel, Mr. Owen Rooney, that I should not contact for an interview due
to the lawsuit.

The followini allegations were written in the Complaint for Damages and Injunctive Relief ?led

by Ms. attorney:
On March I 7, 2014, female plaintz?M- was traveling on BART when she
exited a train in Oakland, and, was arrested by PD O?icer Trabanino. BART PD

O?icer Pianta transported her to the Santa Rita Jail. 0n route, S- urinated in a
police car.

INTERNAL AFFAIRS FILE: 3 of 34

Upon arrival at the Santa Rita Jail. in the booking area, BART PD O?icer Pianta beat
8- until she lost consciousness. This beating caused plaintiff serious head injuries
including but not limited to ?'acturing four of her cheek bones, splitting her molar, and
cracking a front tooth.

5- was taken in an ambulance to Eden Medical Center in Castro Valley where
S-was treated and required hospital care and treatment for two days.

The acts and/or omissions of the individual defendants including Nolan Pianta were
willful, wanton, reckless, malicious, oppressive and/or done with a conscious or reckless
disregard for the rights of the plainti?,? who seeks punitive damages against these
individuals according to proof

Planti? has retained private counsel to represent her in this matter and will seek an
award of attorney ?3 fees and costs as permitted by law.

Defendant ?s use of punitive excessive force was a substantial factor in causing
plainti??s harm.

Municipal defendant BART was responsible for ensuring the health and safety of the
individuals placed in its custody. This included but was not limited to protecting those in
custody ?om excessive or punitive uses of force.

BART Police Sergeant Steve SzOpinski responded to Eden Hospital on the night of the incident
to conduct a Supervisor Use of Force Investigation. Szopinski recorded his conversation with
_on his AXON Flex camera. The video recording is an exhibit to this investigation. The
following is a summary of the video:

8- is seen lying in a hospital bed. Szopinski introduces himself and advises that he is
conducting a use of force investigation for what had occurred at the jail. 8- comments,
?(inaudible) -- this is fucked up. They like knocked my teeth (inaudible) - my teeth are
missing -- I?m missing two teeth.? Szopinski asks, ?Do you want to tell me what happened,?
and replies, don?t know, but they said I like hit someone and they just started
beating on me. I?m not saying I?m innocent or anything, I?m saying like - fuck, really, did
this (inaudible)?? SZOpinski asks -if she remembered what happened, and she shakes
her head back and forth, in what appears to be a response of 

Szopinski asks -If she remembers talking to him earlier at Lake Merritt, and 8-
replies, you seem a little familiar, did you hit me?? Szopinksi replies and
-ppears to chuckle and says, ?Okay.? asks why she was taken to Santa
Rita from Oakland, and Szopinski advises that the jail in Oakland does not take women.

INTERNAL AFFAIRS FILE: 4 of 34

Szopinki references -5 comment that she was not innocent. _replies, ?No, I
didn?t say that. I didn?t say that. I said I know that I ?icked up.? Szopinski asks what she
means by that, and S-eplies, probably mouthed off or like -- you know -- took a
swing or like did something I just didn?t know I would get this much of a fucking
backlash.?

Szopinski asks _if she wants to tell him what happened, and she replies that she
doesn?t know what happened, and that without a lawyer she doesn?t think she should.

Szopinski advises that he is conducting an administrative investigation, not criminal.
Szopinski then tells _that he hopes she feels better and 8- replies, ?Sorry.?
Szopinski suggests that next time she should cooperate, that the police don?t want to hurt
anyone, but that the police just want cooperation.

Szopinski asks _if she has any questions or concerns. 5- replies by asking
Szopinski to ask the nurse to bring her some water.

Police Reports:

Of?cer Trabanino wrote the following police report narrative regarding the initial arrest of
S-at Lake Merritt BART Station for public intoxication, resisting arrest and battery on an
of?cer:

On Monday, 03/17/2014. at about 1834 HRS, 1 was at the Lake Merritt BART Station
working patrol in full police uniform. I had ?nished with a medical call on the same
platform when an unknown BART employee noti?ed me of an intoxicated subject, later
identified as M-S who was sitting on a bench nearby. I notified BART PD
Dispatch that I was ?n with the medical detail and would be out with an intoxicated
subject on the platform.

 

As I approached I noticed she was sitting down and had her face down, resting,
on a bag on her lap. I touched on the shoulder in attempts to wake her up
and told her "Ma'am BART Police as unresponsive, I placed my fingers on
her neck to determine if she had a pulse. -woke up and raised her head and
began muttering words, with a thick and slurred speech. and at times very di?icult to
understand. Upon further observation, I saw S-tad bloodshot watery eyes and she
was emitting a strong odor of an alcoholic beverage from her person. I asked .-
for her identification and she reached into her purse to retrieve it. She was having
di?iculty attempting to locate her identi?cation. While attemptin to retrieve her
identification, I asked her ?Do you know where you 're at right now hesponded
something to the effect of "I'm at Powell, or Montgomery t-asked something to

INTERNAL AFFAIRS FILE: 5 of 34

the e?ect of "Can I go home Based on _s level of intoxication, 1 determined
5- was unable to care for her own safety.

During the detention, _started become verbally argumentative and upset.
_said something to the effect of "Give me my fucking I told her I was
attempting to verify who she was. She then said something to the e?ect of "I'm actually a
terrorist so if you want to call the cops this would be good time to do that I asked
-how much she had to drink tonight, she replied something to the e?ect of had
like 4 shots - said something to the e?ect of "If you want to arrest me, arrest
me 

landed me her California Driver License. A check of the automated records
system revealed she was clear of any wants or warrants.

-kept reaching into her bag. and I told her to leave it. Based on my training and
experience, suspects are lmown to carry weapons which are easily accessible in their
bags. I put Sheehan's bags out of her reach. _then said something to the e?ect
"There is a needle that will prick you". She then lifted her right hand and said something
to the died of "You ?re doing such a good job As she lifted her right hand. she placed it
near my magazine holder on my duty belt, which I was wearing, and pushed me. I told
-'Don't do that, don ?t touch me I attempted to li her by her left arm so I could
place her in handcuffs to prevent further resistance. tensed up and attempted to
break away from my hold by pushing away from me. O?icer Carrasco arrived at the
scene and assisted me with gaining control of For our safety and hers, we drove
_o the ground. While on the ground I yelled out, multiple times, "Stop resisting"!
-was kicking her feet towards us while we attempted to gain control of her.
O?icer Carrasco took control of .-s right arm and hand and I was able to gain
control of .-'s left arm and hand. A ?er aining control of her hands, we were able
to secure her in handcuffs. I handcufed Sh checked proper fit, and double
locked them. (Refer to O?icer Carrasco?s report for further information).

As we walked 8- towards the escalator, she dropped her weight, spread her feet
apart and yelled something to the e?ect of "I'm not going up stairs, fuck no "i In order to
gain compliance, I applied a rear wrist lock, while she was handcuffed, and escorted up
the escalator. When we reached the concourse level, I transitioned to a control hold of
her arm without using pain compliance. After walking a few seconds, she dropped her
weight again, spread her feet and resisted being taken any further. I applied the rear
wrist lock again to gain compliance. After walking through the double doors that lead to
the holding cell, she dropped to the ?oor. Lt. Coontz assisted up to her feet, by
grabbing her left arm, in order to escort her to the holding cell. While in the holdin cell,
5- slipped out of her handcu?s. O?icer Carrasco placed handcuffs on *0
second time.

INTERNAL AFFAIRS FILE: #lA2014-036 6 of 34

Sgt. Szopinski arrived at the scene to approve the arrest and debrief Sgt.
Szopinski also conducted the use of force investigation.

Of?cer Carrasco wrote the following police report narrative regarding the arrest of S-at
Lake Merritt:

On 03/17/14, at about 1834 hours, I was on full uniformed patrol working beat 14. I
responded, as cover, to assist Officer Trabanino #102, on a call of a possible intoxicated
person at the Lake Merritt BART Station. 

Upon my arrival, I made my way towards the south end of the platforms. CSO Rosete
N334 and C80 Shah were at the scene. As I got closer to O?icer rabanino 's
location, I saw the suspect, later identified as M-J- (A sitting down
on a bench. suddenly pushed 0 icer Trabanino. on his duty belt, using her right
hand. O?icer ra anino grabbed ?y her left arm. .- became resistive and
attempted to break away ?'om O?icer Trabanino's hold. began to push away
from 0 wer rabanino. I then grabbed _by her right arm. Officer rabanino and
I took ho the ground using a modi?ed arm bar take down. As Of?cer Trabanino
placed handcu?s on she began to kick her feet towards me and O??icer
Trabanino. _stru eft shoulder and the le? side of my face with her feet.
O?icer Trabanino told multiple times to stop resisting. Of?cer Trabanino was
able to handcuff .- (Refer to Officer Trabanino's report for further details.)
displayed signs of intoxication. had a strong odor of an alcoholic
beverage emanating from her person. poke with a slurred speech. S-had
bloodshot and watery eyes.

 

 
  

 

Lt. Coontz #Ll8 arrived at the scene. As O?'icer Trabanino and escorted _to the
escalator that leads to the concourse level, .-stopped and refused to walk any
further. _spread her feet out and dropped her weight to the ground and said. 
No, I'm not going upstairs, fuck no, fuck no. I grabbed .y her upper right arm
(Underneath her arm pit) using my left hand. I then grabbed her lower right arm, near
her elbow. using my right hand. I then pushed up with my left hand. We were then able to
escort _into the Lake Merritt BART Police substation holding cell to be processed
for booking.

This concluded my involvement in this case. Nothing further.

Officer Trabanino completed a probable cause declaration for the arrest with the following
charges:

0 647(0 PC, Public Intoxication
148(a) PC, Resisting Arrest

INTERNAL AFFAIRS FILE: 7 of 34

0 243(8) PC, Battery on a Peace Of?cer
69 PD, Resisting Arrest by Force

Officer Pianta was not involved in the arrest of S- Pianta was later assigned to transport
to Santa Rita Jail for booking on the above listed charges. Pianta wrote the following
police report narrative regarding his involvement in the case:

On 03/17/14, at approximately 2006 hours, while working beat 1310 in full police
uniform, I transported M- to the Santa Rita Jail for violations of l48(a)(l)
PC, willfully resist, obstruct, delay a peace o?icer; 243 (B) PC, battery on a peace
o?icer; and 64 70') PC, drunk in public.

Upon arrival to the jail. -said something to the effect that she urinated in the
back of the patrol car. I shined my ?ashlight in the back of the car and saw a liquid
substance on the ?oor of the backseat, which I believed to be urine. I asked her if she
urinated in the patrol vehicle which she said she did.

I had 5-step out of the vehicle and 1 escorted her towards the entrance of the jail.

5-said, "Ya, I have a lot of pee on me. You want some? She attempted to press her
butt up against my leg while I was escorting her. in an attempt to wipe urine from her
pants onto my pants. I was able to lock my arm out while holding her arm and because of
that, she was unsuccessful in her attempt.

Once inside of the jail I had sit down on the bench in the processing area

omplied. I turned 01?? my MVR and began exchanging paperwork with a jail
deputy who was at the counter behind the glass. 1 gave the jail deputy the bookin sheet
which contained all charges against - The deputy asked me to have Sh
approach the window so that she could talk with her.

- approached the window. The deputy instructed me to take the handcu o? of

_so she could take o? her jewelry and place it with her pro erty. purse
which contained her personal items was on the counter next to 

was] compliant at that point so I removed the handcu?fs??om her. 
her earrings out of her ears and relinquished them to the deputy. -had a hair tie
that she was lacin in her hair. I told her that jail sta?? would not let her into jail with
the hair tie. Hemoved the hair tie ?om her hair, turned towards me, and threw it
at me striking my hat which I was wearing on my head. 1 said to her, "Really?" She
turned away from me and began looking through her purse which was on the counter. I
ordered her to sto and I attempted to remove the purse from her reach. Once I grabbed
the purse, i grabbed it and attempted to pull it away from me. I continually
ordered her to "Let go She did not comply. -began screaming and swearing at

INTERNAL AFFAIRS FILE: 8 of 34

me. I grabbed on to 5-5 Ie? arm and placed her in an arm bar control hold in
order to gain compliance. Oakland Police Of?cer M. Stolzman grabbed the purse and
removed it from her grasp.

While I had _in a control hold, she began pulling away from me. I pushed her up
against the counter in order to gain better control of her. She suddenly turned towards
me and began violently punching with a closed ?st at my face. Her strikes appeared as
though they were missing my face by inches. I ordered her to get on the ground and she
continued her assaultive behavior of attempting to strike me in the face. To protect myself
from her attack and to stop her attack on me, I used an armbar take down and guided her
to the ground. Upon guiding her to the ground she landed on her face and appeared to go
unconscious. Moments later blood pooled onto the floor coming from her facial area. I
placed her in the recovery position. Oakland police officers who were present summoned

jail medical staff to provide aid to the suspect.

While jail medical sta?? was rendering aid to she began resisting sta? and not
following their orders. I helped deputies place her into handcu?is.

Via radio I advised dispatch to have medical respond to my location code 3. I also
advised dispatch to have Sergeant Szopinski #821 respond for a use of force.

Alameda County Fire Engine #17 and Paramedics Plus #5290 responded and provided
medical aid.

Paramedics Plus #5290 transported Sheehan to Eden Hospital. 1 followed paramedics
there in my patrol vehicle. Sergeant Szopinski met me at the hospital.

I stood by with S-in the emergency room while medical staff treated her. Shortly
after, O?icer Ross relieved me.

Witnesses to the incident consisted of three Oakland Police O?icers, Officer Stolzman
#85 76, Ofc. Phillips #8903, and Ofc. Carter #8702. Also Santa Rita Medical staff M.
Buckhout #444.

5- when released from the hospital will be booked at Santa Rita Jail.
1 additionally charged - with 69 PC, obstruct resist an executive o?icer;

l48(a)(1) PC, willfully resist, obstruct, delay a peace o?icer; 243 (B) PC Battery on a
peace officer.

INTERNAL AFFAIRS FILE: 9 of 34

Subject Employee Officer Pianta:

Sergeant Togonon and I met with and interviewed Of?cer Pianta on November 6, 2014. Officer
Pianta was accompanied by attorney Erich Knorr from the law ?rm of Mastagni, et al. The
interview was audio recorded and later transcribed. Please reference the audio recording and
transcription for full details. The following is a summary of the interview:

When asked to recount the incident, Pianta stated the following, ?On that date I was
instructed to - you know, report to the Lake Merritt Police office to transport Miss
who was under arrest. I was assigned to transport her to the Santa Rita -- Santa
Rita Jail. 1 transported her to the jail - once at the jail the -- you know, the -- the --
deputies behind the counter had her step up to the counter and they -- they - instructed
me to un-handcuff her. I un-handcuffed her and I believe that was for her to get her
jewelry off. Um - as she -- after she was un-handcuffed, she was standing at the counter
-- she was putting a hair tie in her hair -- I instructed her that she wouldn?t be able to take
that into the jail with her, you know, it had to stay with the property. Um -- at that time,
she turned around and she threw hat, and I didn?t take
any action at that time, I just ?gured I?d add another charge for that at -- at - at a later
time. Um -- after that she began digging around in her purse, which was on the counter --
you know, and I, you know, I instructed her to let go of the purse, when she did not
comply -- so I -- -- grabbed her hand and placed her ordered
her multiple times she then at -- at -- at the time -- kind of
turned towards me, and began attempting to strike me which appeared in the facial area 
I can recall her ?st coming within inches of my face. I ordered her to get on the ground,
she still did not comply, and she didn?t stop her and her attack against me. Uh -- and at
that time, I utilized a -- an arm bar technique, and -- and -- and took her to the ground to
step her from a violent attack. Um -- at that point appeared injured -- appeared to be
unconscious, I?m not 100 percent sure whether she was or not, but I placed her in
recovery position -- I believe Oakland PD of?cers had -- full -- told jail personnel to have
their medical staff come out to look at her. Um -- and while doing that I put her in
recovery position, and called for a code three medical - sergeant to respond to my
location. Um -- a medical responder transported her to the hospital, I don?t know which
hospital it was. I followed the ambulance to the hospital, and once at the hospital, I was
relieved of (inaudible) of?cer.

I recounted that when initially contacting S- in the holding cell at Lake Merritt,
- told him that the handcuffs were hurting. I asked Pianta what he did in
response, and he replied ?she was complaining that the handcuffs were -- too tight on her
wrists and were uncomfortable. Um -- so I -- inspected the handcuffs, and I loosened
them up a little bit for her - for her -- comfort.? I asked Pianta if he double locked the
cuff, and he replied, believe I did.?

I then referenced the AXON Flex recording of the drive from Lake Merritt to Santa Rita,
and that S-again complained about the handcuffs hurting. Pianta recounted that he

INTERNAL AFFAIRS FILE: I 0 of 34

told S- to hold her wrists together and not twist around in order to be more
comfortable.

1 asked Pianta to describe .5 demeanor towards him at Lake Merritt and during
transport. Pianta replied, ?For the most part, she was calm, and -- I would say kind of
joking towards me.?

I advised Pianta that at one point in the video, S-ays something about needing to
urinate. Pianta advised that he did not recall her saying that. I advised Pianta that

made the statement while they were on the freeway. I asked Pianta if there was
anything he could have done to accommodate her need to urinate at that point, and Pianta
replied there was not.

I asked Pianta about S-urinating in the patrol car, and Pianta stated, ?When I
opened the door, it appeared that - as though there was a puddle of a yellow liquid
substance on the ?oor, and I assumed it to [be] urine, but I, for the most part, I asked if
she urinated, and no, she said she didn?t urinate in the patrol car. She said something
about urinating outside of the patrol car, something to that effect.?

I advised Pianta that there was a one to two minute gap in the video recording during the
transport. I asked Pianta if he had an explanation for the gap, and he replied that he did
not. Pianta stated that he wants to have his camera on when transporting a female
passenger. Pianta advised that there are times when the camera connection cord will
become disconnected and result in a gap in the video. I asked Pianta if he intentionally
turned off his camera (during transport), and Pianta stated that he did not.

I then asked Pianta to recount S-s demeanor when seated on the bench inside the
jail, and Pianta replied, ?Uh -- I believe, calm, from what I can recollect.? I referenced
the conversation that Sheehan had with the Oakland Police Officers, and I asked Pianta
about the conversation. Pianta stated that -was talking to the Oakland of?cers
about urinating in the patrol car and that she wasjoking with them.

I asked Pianta why he deactivated his AXON camera once he entered the jail, and he
repliedunderstanding that - when we?re going into another
agency?s jail -- you know, that -- that we must -- shut down our cameras, because they
have their own cameras. Um -- at -at that time, I -- believe it was their policy for other
agencies just to -- turn their cameras off.? When asked, Pianta stated he was told during
the Field Training Program to turn off his camera when inside a jail facility, but he does
not remember which FTO told him that.

Pianta continued that the jail staff had him take the handcuffs off -50 that she
could remove herjewelry. Pianta also con?rmed that - ?icked a hairband at him.

INTERNAL AFFAIRS FILE: ll of 34

I then asked Pianta why he did not want -to go through her purse, and he replied,
-- didn?t know if there was any -- um .. weapons in her purse. Um - plus -- she wasn?t
allowed to -- to -- have her purse -- because that was going into the -- property at the
jail.? I asked Pianta if he had searched -3 purse prior to transport, and he replied
he had looked in the purse but that he had not thoroughly searched the purse. I asked
Pianta if S-having the purse was an issue, and he replied, ?Yes, because the purse
could have been used as a 

I asked Pianta to recount what happened after he told to stop going through her
purse, and Pianta replied, ?She didn?t comply, so I -- I grabbed her -- left arm and placed
it in a - an -- arm bar. Uh and she wouldn?t let go of the purse, I believe the -- the --
OPD guy came over and -- tried to take her purse away from her. Um -- you knowtold her multiple times to let go of the purse, and she did not.? I asked Pianta to
describe demeanor at that point, and he replied, ?She became angry.?

I asked Pianta to describe what happened next, and he replied, ?Uh -- yeah. Yes, she
began to pull away from me, so -- she was standing near the counter, so I -- you know, I
engaged the -- a -- a -- arm bar and pushed up towards the counter to -- control her
She was facing away from and then as I was doing that -- she quickly twirl
-- turned -- towards me -- and -- with her right -- arm and her closed ?st -- she began --
swinging towards my facial I believe two to three times.?

I asked Pianta if his effort of pushing -against the counter and trying to control
her arm was effective, and he replied that it was not. I asked Pianta to recount what
happened next, and he replied, ordered her to get on the ground -- she did not comply,
and -- and -- she continued to attempt to strike me in the facearm bar
takedown.? I asked Pianta to describe the takedown, and he replied, basically pulled
her back towards my le? side and pushed down -- uh -- towards the ground.?

I asked Pianta if the takedown is something that he has been trained to do, and he replied
that he has been trained on takedowns in the academy and in Department training.

I asked Pianta to describe level of resistance just prior to the takedown, and he
replied, ?Prior to the takedown - she was - fully resisting, and -- violent.?

I asked Pianta to characterize the amount of force that he used in the takedown, and he
stated, -- used -- you know, a reasonable amount of force to -- to have her stop her
attack on me.?

I asked Pianta to describe how -landed on the ground, and he replied, ?To me it
appears -- it appears -- as though she -- um -- landed head ?rst on her face on the
ground.? I asked Pianta if that was his intent, and he replied,
?It was not my my intent was to get her on the ground so that I could better

A

INTERNAL AFFAIRS FILE: I2 0! 24

control her -- to sto her -- kind of violent attack towards me.? I asked Pianta if he
intentionally threw on the ground head?rst, and he replied, I asked Pianta
if he had an explanation as to how that happened, and he replied, ?My only thing is, when
it - her momentum -- was going that way - while she was swinging, and -- you know,
my -- movement down towards the ground and her momentum going that way -- maybe -
- it may have been the result why she landed how she did.? I asked Pianta what OPD
Officer Stolzman was doing at the time of the takedown, and he replied, ?It appears --
that he was just trying to secure the purse at that time. It -- it -- it all happened so
quickly.?

I recounted that Pianta told another officer, ?She tried to hit me, so [just took her to the
ground, and she went hard, unfortunately.? I asked Pianta what he meant by that, and he
stated, ?It?s because she, you know, she was trying to hit me, and -- when I took her to
the ground -- it appeared that she landed on it really hard- and -- absorbing -- all the
impact on her -- on her -- facial I didn?t - mean for her to -- you know, sustain -
injuries - to her face like that.?

I asked Pianta if he used any undue or unnecessary force on S- and he replied,


I advised Pianta that his video taken while transporting -appears to show that he
accelerates quickly and drives faster than the ?ow of traf?c at times. I asked Pianta if he
was in any particular hurry to get to the jail, and he replied, don?t believe so.? I asked
Pianta if he violated any speed limits, and he replied that he did not recall what his speed
was. I asked Pianta if he was driving safely, and he replied, ?Yes.?

Togonon asked Pianta if it made him mad when _threw the hairband at him, and
Pianta replied, ?Um -- yes.? Togonon then asked, ?The fact that you were upset have anything to do with the way you conducted yourself towards Miss
at any point?? Pianta replied, 

I asked Pianta to explain why he transitioned from trying to restrain - with a
control hold against the counter to taking her down to the ground, and Pianta replied, ?Uh
-- once she started -- um -- the -- basicallyineffective -- um --
she was able to -- uh -- turn towards me and begin striking -- that time -- um -- to stop her -- uh -- violent attack, I -- uh -- used an arm bar takedown.?

I asked Pianta if -s strikes ever made contact, and he replied, ?Not to my face -- 
-- I -- don?t recall if she was hitting I?m not 100 percent
sure if she made contact with -- with -- if her punches landed or not, but I know that they
did not -- hit my face.?

INTERNAL ILE: #[A20l4-036 13 of 34

I asked Pianta to describe his overall conduct during the incident, and he replied that he
feels he was professional. I asked Pianta if any of his conduct was retaliation for
Sheehan urinating in the patrol car, and Pianta replied, 

Attomey Knorr asked Pianta, ?The amount of force that you used -- when you conducted
the takedown, was it in any way, any more than the amount of force that you would use
typically when taking someone to the ground?? Pianta replied, Knorr then asked,
?So, did you only use the amount of force necessary to effectuate the takedown?? Pianta
replied, ?Yes.?

I then asked Pianta, ?And the amount of force you were applying, was it based on the fact
that she was - smaller in size to you? Were you -- were you -- using any less force on her
than you would, say, on me -- I weigh 215 pounds?? Pianta replied, don?t believe so.?

I then asked Pianta if he used any more force than what was necessary to take S-
down to the ?oor, and Pianta replied, 

Attorney Erich Knorr sent Internal Affairs an email on December 9, 2014, with the following
letter from Officer Pianta to Internal Affairs as an attachment to the email. Knorr prefaced the
attachment with, ?Please find attached a letter ?om Nolan Pianta clari?zing one of his responses
during his interview on November 6, 2014. [f you have any questions or concerns, please call me
directly. 

Lt. Haight

After reviewing the tape-recording of my interview on November 6, 2014, I would like to
clari?r my response to one of your questions. The question, Were you using any less
force on her than you would on me, I weigh 215 pounds. I misunderstood the question at
the time of the interview. I would like to clarz'?z, that I did not us the same amount of
force on her, as I would on someone of a larger stature. I used only the amount of force
necessary to take her to the ground, so she would stop her attack The level of force I use
in any given situation varies depending on what is required to bring the individual
suspect under control.

Thank you,

Nolan Pianta
I conducted a second interview with Officer Pianta on July 17, 2015. Of?cer Pianta was
accompanied by attorney Erich Knorr from the law ?rm of Mastagni, et al. The interview was

audio recorded and later transcribed. Please reference the audio recording and transcription for
full details. The following is a summary of the interview:

INTERNAL AFFAIRS FILE: 14 of 34

I recounted that the incident had taken place on March 17, 2014, at about 2015 hours, and
that Pianta had submitted his report in the early morning hours of March 18, 2014. I then
read the following to Pianta from his narrative, ?To protect myself from her attack and to
stop her attack on me, I used an arm bar takedown and guided her to the ground Upon
guiding her to the ground, she landed on her face and appeared to go unconscious. 

I asked Pianta what training he has received in the police academy, ?eld training or
advanced officer training, regarding documentation of a use of force. Pianta replied,
?I?ve received training on to -- uh document all the facts in the use of force.? I asked
Pianta how he generally does that, and he replied, ?Um -- in uh -- writing down what
happened in the police report.?

I recounted that Pianta had documented that he used and arm bar takedown and ?guided?
to the ground. I asked Pianta to explain why he chose those words to describe
what took place. Pianta replied, ?It?s my understanding that -- urn -- that?s how the - urn
- technique is conducted. Uh - both my hands are on the subject, and it?s -- um -- it?s a
circle down-type motion - um -- where you?re essentially -- um guiding that
person down towards the ground -- um -- where you have control of their -- their -- um --
their arms -- uh - with both your hands. Um -- uh - I?ve received -- uh -- uh -- training. I
A don?t know -- uh -- I don?t recall -- urn -- uh -- where or -- um - uh -- from whoit?s always been -- uh -- um -- speci?cally back -- uh -- when I worked in the
prison - um -- we used that term all the time - guiding the subject to the ground -- urn --
when we -- we talked about - um -- this type of -- um -- uh -- maneuver.?

I then recounted from Pianta?s interview with Internal Affairs on November 6, 2014, that
he stated he ?used an arm bar technique and took her to the ground. . I further
recounted that when asked in the interview to describe the takedown, Pianta stated, 
basically pulled her back to my left side and pushed down towards the ground.?

I advised Pianta that he wrote in his report that he ?guided? her to the ground, and that
when interviewed he stated that he ?took? her to the ground and that he ?pushed? her to
the ground. I asked Pianta if he considered all of the above to be accurate statements, and
he replied, do.?

I asked Pianta if he considered anything in his report to be misleading or inaccurate, and
he replied, 

Witness: Oakland Police Of?cer ng1 Phillips:

I met with and interviewed Of?cer Phillips on December 29, 2014, as a witness to this
A investigation. Of?cer Phillips was at Santa Rita Jail at the time of the incident. The interview

INTERNAL AFFAIRS FILE: 15 of 34

was audio recorded and later transcribed. Please reference the audio recording and transcription
for full details. The following is a summary of the interview:

Of?cer Phillips recounted the following, ?That night -- it was -- Saint Patrick?s Day,
March 17th, we were taking a transport from our criminal investigative division to Santa
Rita. Um -- we were in the process of booking ours when -- BART arrived with a very
intoxicated female. Um the female had -- was jabbering about urinating on herself 
and laughing about it. And making ?m of herself being arrested for it. Um -- the Bart
of?cer, the whole time was very professional and -- put her to the side while we ?nished
ours, and at some points, the Santa Rita Jail technician or of?cer called her up to the
window -- I don?t recall actually seeing him unhandcuff her at all. To take her hair stuff
out like we do for females -- or at least the Oakland Police. Um -- I do recall looking at
her at the point wher -- she was getting her stuff out of her hair and then I heard her -- I
heard -- the officer say something and I had seen her turned around and I saw a hair band
?icked at him -- at that point she reaches into her purse -- I noticed the of?cer looking at
the purse -- and then he goes to stop her from reaching in her purse, because I believed
that he had not, I took that he inserted that he was stopping her from doing that. Um --
again myself as an of?cer, I will be concerned that there was a weapon in there. Uh -- he
walked up on her to stop her, grabbed her arm said you can?t do that. That?s when she got
angry at him and said wha -- whatever she was -- going after. Um another Oakland
Police Of?cer [Stolzman] went to assist him BART of?cer got the hand twist
on -- uh -- the lady in custody. But she had freed other hand or she turned around and
tried to swing on the of?cer. At which point, it appeared from my angle -- uh -- and I was
about three to ?ve feet -- uh -- directly away from them. It appeared that the officer took
a step back to protect himself. And then -- uh -- put her down on the ground, not in a
shoving or slamming manner, but in a way that -- that we were trained to put -- put them
in hand kind of back and she -- I did not see her tripped. I couldn?t tell if there was a trip -
- uh -- I just saw her go straight to the ground.?

I asked Phillips to describe how Pianta performed the takedown, and he replied, don?t
know just getting out of her way and having one arm and -- um --
her being intoxicated that she went off balance and her body weight with him going down
-- uh -- added to it. Uh -- I wasn?t looking at anyone?s feet to see if there was any trip. Uh
-- but I didn?t see any of?cer, the BART of?cer nor the Oakland of?cer shoving her.?

I asked Phillips if the use of force was justi?ed, and he said that it was. I asked why, and
he replied, ?Well, encountering an intoxicated subject -- um -- you don?t know the
demeanor. She started off very happy and making fun of herself at the beginning of this.
Uh -- she became -- uh -- increasingly hostile at the of?cer. Uh -- told her she can?t have
certain items, you know, the hairband -- uh -- she then reach into her purse which you
know, I?ve never asked if he searched her before or after the matter if be searched her
beforehand obviously it appeared by him saying no to her, I took it that, well he didn?t
search her yet. So she shouldn?t -- her hand shouldn?t be in there. I don?t what she was

A

INTERNAL AFFAIRS FILE: 16 of 34

grabbing, could be getting a weapon -- um -- so he went to stop that and based on that,
she got extremely upset to the point where she now wants to use her force, her skill and
abilities which we don?t know what they are. She was going to punch, throw, choke, poke
at the o?icer. So him, the BART of?cer did the right thing in my eyes by getting out of
the way to protect himself ?rst. He -- he still had the control of her now her going down
on the ground, again I didn?t see a push. So, if it was based on just sheer physics of her
body movement and him moving out of her [way] because she was drunk, that?s 

I asked Phillips if he saw any excessive or unlawful force on the part of Pianta, and he
replied, 

I asked Phillips to describe Pianta?s demeanor throughout the incident, and he replied,
?Very professional and then very worried a?er the fact. He -- um -- he stayed down with
her once she went hit the ground trying to get He got very worried for her safety
once she was on the ground. At no time, did he - was he unprofessional. He .. ?rst thing
was control the scene and then, you know, as a ?rst responder, you tend to the next
problem which is now the medical issues and he did that.?

Witness: Qakland Police Of?cer Kitrel Carter:

1 met with and interviewed Officer Carter on December 29, 2014, as a witness to this
investigation. Of?cer Carter was at Santa Rita Jail at the time of the incident. The interview was
audio recorded and later transcribed. Please reference the audio recording and transcription for
full details. The following is a summary of the interview:

I asked Of?cer Carter what he remembered about the incident, and he stated the
following, remember seeing Of?cer there with a young lady, I don?t
remember her name. Um -- initially she was sitting down on the bench -- um -- but then I
believed one of the technicians there called them up to the window so that they could
begin the process of booking her into jail. Um -- as he was there -- uh -- I think he un-
handcuffed her, but then -- um -- I - I believe she - she was turning around and she had
like a hair tie or something and she ?ung it at him and it struck him and then he said
something to her and she kind of started to get very belligerent so I believed that they
were trying to place her back in handcuffs because of her demeanor. And at that time, she
turned around and she had a clenched ?st and she was striking Of?cer Pianta. So that?s
when 1 saw him take her down to the ground.?

I asked Carter if 8- made contact when striking at Pianta, and Carter replied, ?Yes,
she made contact with I believe she hit him in the face and the upper facial 
her right hand with a clenched 

INTERNAL AFFAIRS FILE: I7 of 

I asked Carter if the use of force on the part of Pianta was justi?ed, and Carter replied,
Because he?d given her commands to comply, she wasn?t complying. She
struck him so -- uh -- he didn?t really have any other options. Uh -- he wasn?t going to
just stand there and continue to be assaulted. So, he did the takedown in order to get her
under control and place her back in handcuffs.?

I asked Carter if it appeared as though Pianta was intentionally trying to hurt S-
and Carter replied, 

I asked Carter to describe Pianta?s demeanor, and he replied, ?Very calm, restrained as
opposed to what he could have been. He?s a very calm, restrained professional.? I asked
Carter to describe Pianta?s demeanor a?er the use of force, and he replied, ?The same, he
was calm and trying to render aid to the young lady. That was it.?

I asked Carter if he witnessed any conduct on the part of Pianta that gave him cause for
concern, and he replied, ?No, not at all.?

I asked Carter to describe S-s demeanor, and he replied, ?Well, I can obviously
tell that she was intoxicated - um -- she was loud. She was very 

Witness: Oakland Police Qf?cer Michael Stolzman:

I interviewed Officer Stolzman on February 15, 2015, as a witness to this investigation. Of?cer
Stolzman was at Santa Rita Jail at the time of the incident. The interview was audio recorded
and later transcribed. Please reference the audio recording and transcription for full details. The
following is a summary of the interview:

Of?cer Stolzman recounted the incident as follows, was -- working as a uniformed
police officer. We had -- were in the process of transporting an in-custody that we had
??om the City of Oakland, and we?re inside the -- the sally port there at the Santa Rita
Jail. Um -- I noticed that a BART of?cer -- had a female, White -- in custody for
unknown reasons. Uh -- at the time, my ?rst view of her - she was seated on a -- uh 
bench, I guess a concrete bench there inside the Santa Rita Jail. Uh -- throughout the --
for the next several minutes after I saw her, I was in the process -- of standing around
talking with some of my partners -- from the Oakland Police Department that were there,
as well as the in-custody that we had. Uh -- during which time -- I noticed that -- the
female - that the BART of?cer had in custody -- appeared to be -- intoxicated. Uh -- I
based this decision -- based on her slurred speech -- belligerent behavior. Um - a short
time later -- she was escorted up to the window -- to deal with the technicians at the Santa
Rita Jail, as far as some administrative paperwork - which would include the -- signing
of - property and such. Um -- my attention was drawn -- to her at one point as I observed
her -- she was -- the BART officer was in the process of -- she had to remove a headband,

INTERNAL AFFAIRS FILE: 18 of 34

I believe it was, a hairband, I should say -- and I actually observed her ?ick that
headband at the BART of?cer, and I believe that actually hit him in either his chest or his
face area. Um -- there?s little to no reaction from the BART officer - maybe a slight
verbal reaction. Um -- shortly therea?er -- the subject started to -- go through or grab her
purse -- which was going to be, I believe -- I think the purse was going to be placed
underneath the window -- yeah, so property -- safe keeping, if you will -- by the Santa
Rita -- technicians. Uh -- at that point -- she refused -- to let go of the -- the purse. Uh --
the officer, I believe, at least two times or three times - asked her, or excuse me I should
say, told her to let go of the purse -- I believe the -- the quote was ?let go of it, let go of
it?. Uh -- that actually happened at least two or three times. Uh -- she failed became clear that -- the belligerent behavior that I observed earlier -- was only --
escalating a little bit further. Urn -- as this continued -- I observed the of?cer, I believe it
was I think he grabbed her Ie? arm - and that was at which point that I walked over --
and she was still in the process of pulling the purse away -- so I grabbed the purse to pull
that purse away, just at about that time -- she swung and - it was my impression at the
time -- that she had struck the of?cer - in the face -- with either a a -- I believe that -- I
think at the time, I recall that -- that -- it appeared that it was a -- a -- closed ?st. Uh -- it
was at that point that the of?cer did a -- a takedown of the -- the White female, and -- she
landed -- on the ground or on the -- floor of the Santa Rita shortly therea?er --
medical personnel was -- requested to the scene -- and at which point -- it was requested
that they call an -- an -- ambulance -- therea?er -- uh -- medical personnel from the Santa
Rita Jail -- uh -- came out to -- uh - treat this female.?

I asked Stolzman to characterize Pianta?s demeanor throughout the incident, and
Stolzman replied, ?Uh -- very calm. Uh -- very calm -- stoic. Um like I said - little
reaction came -- when he had actually -- or I should say, when the subject, the female,
White, had -- ?icked -- the headband -- at him. Um -- and like I said, there was very little
to no reaction -- I think he responded -- with the the word, really -- as if he was in kind
of disbelief, if you will, that she actually had done -- done so. Uh -- then after that, it was
- I would say business as usual -- in a calm - calm -- demeanor.?

I asked Stolzman if Of?cer Pianta was justi?ed in using force against 8-, and he
replied, ?Absolutely. Uh -- no question.? I asked Stolzman to explain what he based that
opinion on, and he replied, ?Based that on -- would -- certainly serv - uh -- excuse me 
uh -- about 18 years of experience as being a sworn police of?cer in the State of
California. Uh - but not only that -- at the time -- she had failed numerous attempts of
both -- I would say, verbally -- and physically by grabbing her arm to restrain the subject,
and at the time -- it appeared that she?d be -- she appeared to be a threat towards - the
of?cer -- by what appeared to me as -- throwing a closed-?st -- closed-?st strike -- to the
officer.?

INTERNAL AFFAIRS FILE: I9 of 34

I asked Stolzman if Pianta used any excessive force, and Stolzman replied, ?Uh -- no, I
think think the (inaudible) - I think the force was very reasonable -- at
the time. And certainly it -- it stopped -- the subject from - further - 

I asked Stolzman if it appeared as though Pianta used force with the intent to injure
and he replied, ?No, I don?t believe so.?

I asked Stolzman to describe Pianta?s reaction a?er the takedown, and he replied, 
believe she was - I believe he was stunned and concerned -- that, you know, and --
maybe in a little bit of disbelief -- as a result the injur -- the injury that she sustained as a
result of the -- of the takedown.?

Witness: Oakland Police Officer Joel Hig?

I met with and interviewed Of?cer Hight on February 17, 2015, as a witness to this investigation.
Officer ?ight was at Santa Rita Jail at the time of the incident. The interview was audio
recorded and later transcribed. Please reference the audio recording and transcription for full
details. The following is a summary of the interview:

Of?cer Hight recounted the incident as follows, was standing with -- an arrestee --
approximately ten, ?fteen feet away from - Officer - Pianta and -- I observed the -
subject was -- very intoxicated. She -- while he was trying to get her booked into the jail,
she -- removed - as typical -- booking procedures, that -- she had to remove any loose
articles, hairbands -- and in the process of - Of?cer Pianta -- giving those instructions,
she turned around and threw what appeared to be a hairband at him. Um -- following by,
she then started to go through her - purse when Of?cer Pianta -- advised her not to, he
grabbed her and restrained her arm in a -- in a -- bent wrist. Um -- he then told her to get
her hand out of the purse -- she started to become more uncooperative. Uh -- from what I
observed, she tried to ball up her -- a -- a ?st and punch at -- at him. There was another
OPD officer who was noticing the tension between them, as he was beginning to
approach over to them -- I don?t know if she was in the process of swinging, but Officer
Pianta -- took her to -- down to the ground with a leg sweep -- to gain control over - once
she was detained in handcuffs -- we got medical - for her, because the leg sweep --
resulted in her body hitting the ground pretty hard. I believe she lost consciousness.?

I asked Hight if Pianta was justi?ed in using force, and Hight replied, ?Yeah, in my
perspective, yes.? I asked what he based that on, and Hight replied, ?The amount of non-
compliance that she was displaying, she was -- trying to use force against him. Like, she
was trying to become combative, so -- in his estimate, from what my perspective was to
(inaudible) the leg sweep takedown to get her into handcuffs was appropriate in my
opinion.?

INTERNAL AFFAIRS FILE: 20 of 34

I asked Hight if Pianta used any excessive force, and Hight replied, ?No. I mean, the -
the bent wrist obviously did not appear to be getting her into compliance -- it appeared
that any kind of use of force -- would be consistent with gaining compliance over the
situation would have been the leg sweep, just to get her down to the ground so - uh -- he
could properly get her into handcuffs.?

I asked Hight if it appeared as though Pianta was intentionally trying to injure S-
and Hight replied, ?Not at all. His demeanor appeared to be very relaxed, but - uh -- as
she started to become more escalated -- he didn?t appear to be overly aggressive, he just
appeared to be kind of reactive, based off his training. I can imagine that -- the -- force, and arrest and control procedures that we?re taught, that -- the best
position to -- place somebody in handcuffs is on the ground.?

I asked Hight to describe S-?s demeanor throughout the incident, and Hight replied,
?Um -- very sarcastic, very - she appeared to be very intoxicated, she - she didn?t seem
[to believe] like it was appropriate for her to in -- to be booked into she kind of
appealed that she?s not a criminal, that she doesn?t deserve this - so she didn?t appear to
be the reality of the situation that -- that she was going to be booked into jail.?

Witness: Alameda County Sheriff?s Technician Michelle Buckhout

Sergeant Szopinski interviewed Technician Buckhout as part of his Supervisor Use of Force
investigation and documented the following in his Supervisor Use of Force Report:

Michelle Buckhout #444 who stated she
at the Santa Rita Jail check-in counter.
Buckhout stated that it appeared to her that compliant and advised the
Officer (being O?icer Pianta) to uncu? her (being so she could sign for her
property. Buckhout remembers a struggle ensuing soon after was uncu?ed
and that .- wanted her purse. recalls the O??icer Pianta grabbing

onto while as still holding onto her purse. Buckhout
stated she saw take a swing at Officer Pianta ?3 head when another Oakland
Police ?ticer was walking over to assist. Buckhout stated O?icer Pianta then took

to the ground but could not see _on the ground due to the counter

obstructing her view. Buckholt stated she could not hear the conversation between
O?icer Pianta and _due to the bullet proof glass portion.

I interviewed Alameda County Sheriff 
had been in the process of in-taking 

  
   
  

 
  

Santa Rita Jail Surveillance Video:

Alameda County Sheriff?s Department records surveillance video of the booking area at Santa

A Rita Jail. The Sheriff?s Department supplied a copy of the video of this incident to BART

INTERNAL AFFAIRS FILE: 21 of 34

Police. The surveillance video has few frames per second and is ?choppy? when viewed. The
video does not have audio. The following is a summary of the video:

is seen standing at the intake counter without handcuffs. Pianta is standing
behind her. ulls her hair back into a ponytail but then stops and faces Pianta
momentarily. then turns back to the intake window and reaches i purse.
Pianta approaches from behind and reaches for the urse. turns
towards Pianta, and Pianta then puts a twist lock/arm bar on 5 left arm. 

then turns to face Pianta and raises her right arm above her head with a clenched ?st.
There appears to be a struggle. Oakland Of?cer Stolzman steps over to assist.

is forced to the ground by Pianta.

Video Evidence AX Flex Video

Officers Trabanino and Carrasco recorded the arrest of S- on AXON Flex. The following
is a summary of the videos:

 

During the initial detention, S- is verbally argumentative and at one point reaches
out and pushes Of?cer Trabanino?s duty belt with her hand. When Trabanino attempts to

     
  

place S-in handcuffs, S-attempts to break away by standin up and pushing
him. Of?cer Carrasco arrives on scene and both of?cers takei to the ground
where she is laced in handcuffs. The of?cers attempt to escort the concourse

level, and drops her bodyweight and states, ?I?m not going upstairs, no!?
Officer Trabanino uses a rear wristlock to escort 5- Once in the holding cell,
S-becomes compliant. At one point, _slipped the handcuffs off. S-
was re-handcuffed without incident.

Officer Pianta recorded the transport of S- from Lake Merritt to Santa Rita Jail. There is a
one minute gap in the recording during the drive to Santa Rita (unknown reason for gap,
although Pianta stated that the cord may have become temporarily disconnected). Pianta
deactivates the recorder once inside thejail. The following is a summary of Pianta?s video:

Pianta activates his AXON Flex camera before contacting S- in the holding cell at
Lake Merritt. S- complains about the handcuffs bein ti ht and begins crying.
Of?cer Pianta re-adjusts the handcuffs and explains to that she should try to
hold her wrists together to be more comfortable.

Pianta records the drive to the jail. S- complains about the handcuffs hurting, and
Pianta recounts that he had loosened the cuffs and suggests that she try to not twist her
wrists. S-is quiet during the majority of the drive. She does ask where they are
going, and Pianta tells her they are going to Santa Rita. S-s demeanor throughout
the drive appears to be calm and amiable. On two occasions during the drive Pianta sees

INTERNAL AFFAIRS FILE: #lA20/4-036 22 of 34

8- moving around in the back seat, and he tells her to stop ?messing with the cuffs?
or it will hurt her arms more. S-does speak brie?y at times but cannot be clearly
heard over the traf?c noise. At one point it sounds as though 8- says she has to
pee, and at another point it sounds as though she may be singing. At the conclusion of
the drive, -appears to chide Pianta saying that he will get a dollar reward for
arresting her.

Once at the jail parking area, Pianta opens the door for S-nd apparently notices
that she has urinated in the back seat. When walking towards the jail, _states, ..
I have a lot of pee on me, want (inaudible).? S- appears to try to back up into
Pianta. She appears to be joking and laughing. Once inside the jail, Pianta directs

to sit on a bench and she complies. Pianta makes what appears to be a joking
comment about adding a charge for peeing in the car. replies, oh, I?m sure
that will happen.? _appears to be cooperative at 15 point; she is seated on a
bench unrestrained. Pianta turned off his camera at this point.

 

 

Pianta re-activates his AXON Flex camera after had been forced to the ?oor.
Santa Rita nurses respond and attend to Pianta is heard telling another of?cer,
?Assault on an of?cer and 148.? The other of?cer?s comments are inaudible due to noise
and echo in the jail.? Pianta tells the officer, ?She tried to hit me, so Ijust took her to the
ground, and she went hard, unfortunately.? Pianta is then heard making a phone call
advising that - will need to be transported for medical and he requests that an
of?cer relieve him to stay with S- Pianta states, ?She took a swing at me, so I had
to dump 

_is seen in the video being uncooperative with the nurses, and the nurses
repeatedly tell her to stay still. Eventually a deputy puts handcuffs on - Fire
personnel respond and ask the nurse if -lost consciousness, and the nurse replies
that she didn?t think so. Fire personnel asked _if she passed out, and she replies
that she did. Fire then asks Pianta if was resisting, and he replies, ?Yeah, she
was trying to punch me, so she went to the ground.? -s placed on a gumey,
unhandcuffed, and the placed in straps. _asks if the straps are necessary, and the
ambulance personnel state that she has been kicking around and so it is for their safety.
Pianta continues recording until is taken out of the jail by ambulance personnel.

Video Evidence Oakland Police Of?cer Body Worn Cameras

Sergeant Szopinski later received the videos recorded by Oakland Police Of?cers Carter,
Phillips, and Stolzman. Szopinski submitted the videos to lntemal Affairs for inclusion in the
Supervisor Use of Force investigation file. lntemal Affairs placed the video ?les into the
investigation ?le and submitted a copy as evidence.

INTERNAL AFFAIRS FILE: til/120111.036 23 of 34

I later learned that there was a fourth Oakland video recorded by Of?cer Hight. I received a
copy of the Hight video from Oakland Police Department. I added the video to the Internal
Affairs case ?le, and I also submitted a copy of the video into evidence for the criminal case.

The Oakland Police videos are summarized as follows:

Oakland Police Officers are seen standing in the booking area. Ms. - is seated in
handcuffs on a bench and can be heard laughing and telling the officers, ?It happens,? in
reference to urinating in the patrol car. _continues laughing and talking. Officer
Pianta is seen at the intake window with S-s property.

8- is then seen at the intake window, and she is no longer in handcuffs. S-can
be seen trying to put her hair into a ponytail, and Pianta states that 8- needs to put
?that? (elastic hair band) into her ro rty. S-tosses the hairband at Pianta, and Pianta
is then heard saying ?really?? turns away from Pianta to face the counter. Pianta
remains behind Sheehan for 20 seconds until S-starts to go through her purse.

Pianta approaches on her left side next to her purse which is on the counter. Pianta
tells _to, ?let go it (purse),? multiple times in a calm and then authoritative voice.
Pianta attempts to put _into a bent wrist or a twist lock with his le? hand grabbing

.3 left wrist with his right hand near _5 left elbow. 3- replies, ?Oh my
god, you?re such a stron -- don?t fucking touch me like til? loudly states, ?Don?t
touch me like that!? turns and faces Pianta. then raises her right hand

above Pianta?s head and cocks her hand back with a fist. Pianta states, ?Really?!? Pianta
pivots to _s left side with his right leg in front of left leg. Pianta then
forces _to the ?oor with an arm bar takedown over his right leg. The takedown is
swift and dynamic in nature. OPD Of?cer Stolzman was on ?5 right side holding her
right arm.

 

Investigator?s Note:

Of?cer Pianta noted in his police report and reiterated in his interview with Internal Affairs
that he ordered 8- to get on the ground just prior to performing the takedown. That
does not appear to be an accurate recollection on the part of Pianta. The audio from the
Oakland Officers? video did not record Pianta ordering to get on the ground. Pianta
stated, ?Let go of it [purse] and then, ?Really?!? just prior to the takedown.

 

 

 

OPD Officer Stolzman tells the ACSO Technician to request medical. is seen 1 in
face down on the ?oor, motionless, and Pianta places her in the recovery posrtion. 

can be heard whimpering. Two ACSO nurses attend to 8- Of?cer Pianta also
requests medical via his police radio. -becomes uncooperative with the nurses and
attempts to remove a bandage that has been wrapped around her head. The nurses request

 FILE: .701 4-03 (1 24 of 34

that S-w placed in handcuffs. and a deputy places handcuffs on 5-withoul
incident.

Fire and medical personnel arrive on scene. One ot'tlie personnel asks Pianta il'S-was
"out. like knocked out?" Pianta replies that she might haxe been \es. 8- is placed on
a gurnev. lhe medical personnel place S-in straps S- asks uhv and thev reph
that she was kicking around a little bit and that the shops are for their saietv. IS
taken out ol the jail on the gui NC).

The following still screen shots were taken from the video:

S-raising her right hand above Pianta?s head.

 

 .75 0f 34

Pianta on left side with his right leg in from 01?8-

 

 

Arm bar lakcdown:

 

INTERNAL AFFAIRS #lA20l4?036 26 of 34

POLICY

201.2.14 Performance

p. Failure to disclose or misrepresenting material facts, or the making of any false or
misleading statement on any application, examination form, or other of?cial document,
report or form or during the course of any work-related investigation.

Force

Department Policy 300, Use of Force, states the following in section 300.2:

It is the policy of this department that o?icers shall use only that amount of force that
reasonably appears necessary. given the facts and circumstances perceived by the officer at
the time of the event, to e?ectively bring an incident under control. ?Reasonableness" of the
force used must be judged from the perspective of a reasonable of?cer on the scene at the
time of the incident. Any interpretation of reasonableness must allow for the fact that police
o??icers are often forced to make split-second decisions in circumstances that are tense,
uncertain and rapidly evolving about the amount of force that is necessary in a particular
situation.

Given that no policy can realistically predict every possible situation an officer might
encounter in the field, it is recognized that each o?icer must be entrusted with well-reasoned
discretion in determining the appropriate use of force in each incident. While it is the
ultimate objective of every law enforcement encounter to minimize injury to everyone
involved, nothing in this policy requires an officer to actually sustain physical injury before
applying reasonable force.

Department Policy 300, Use of Force, states the following in section 300.2.4 (Pain Compliance
and Takedown Techniques):

Pain compliance and/or takedown techniques may be very e?'ective in controlling an actively
resisting individual. Officers should only apply those pain compliance and/or takedown
techniques for which the o??icer has received P.0.S. T. or other departmentally approved
training, and only when the o?icer reasonably believes that the use of such a technique
appears necessary to further a legitimate law enforcement purpose. Officers utilizing any
pain compliance and/or takedown technique should consider the totality of the circumstance
including. but not limited to:

1. The potential ?tr injury to the o??ice?s) or others if the technique is not used
2. The potential risk of serious injury to the individual being controlled

3. The degree to which the pain compliance and/or takedown technique may be
controlled in application according to the level of resistance

4. The nature of the offense involved

INTERNAL AFFAIRS FILE: #lA2014-036 27 of 34

5. The level of resistance of the individual(s) involved
6. The need for prompt resolution of the situation

7. 0" time permits passive demonstrators), other reasonable alternatives

The application of any pain compliance and/or takedown technique shall be discontinued
once the o??icer determines that compliance has been achieved.

AXON Flex:

Department Policy 45] Use of the AXON Flex, states the following in section 451.5 (Activation
of the Video/Audio Recorded):

3. All on-scene officers (inclusive of all initiating and witness o?icers) equipped with an
AXON Flex shall activate their cameras prior to making contact with individuals in any
of the following circumstances:

1. Any enforcement contact e. g. detentions, vehicle stops, walking stops (o?icers are
encouraged to activate their AXON Flex on consensual encounters also). as
outlined in Policy section 322. 3.

2. Probation and parole searches
3. Service ofa search or arrest warrant

4. Any contact with a subject suspected of criminal behavior

451.6 AXON Flex Operating Procedures

Once the AXON Flex is activated pursuant to Section 451.5 of this policy, it shall remain
on until the event giving rise to the activation has reached a conclusion and/or the officer
leaves the scene of the event, whichever occurs first. When the o??icer reasonably believes the
event giving rise to the activation is over, he/she may deactivate the AX 0N Flex ?om the
recording mode. If the event giving rise to the activation resumes following the o??icer's
termination of the AX 0N Flex recording the o??icer shall reactivate their AX 0N Flex.

INTERNAL AFFAIRS FILE: 28 of 34

SUMMARY AND CONCLUSION
In reviewing all the statements and evidence as listed above the following is concluded:

Ms. IV-S- was arrested at Lake Merritt BART Station on March 17, 2014, by
BART Police Of?cers Trabanino and Carasco for public intoxication, resisting arrest, and

assault on a peace officer. Of?cer Pianta was later assigned to transport -to Santa
Rita Jail for booking.

-appeared to be cooperative at the jail and was unhandcuffed. At one point in the
booking process - tossed a hairband at Pianta and then ignored Pianta?s order to let go
of her purse. Pianta attempted to control S-with a control hold and then by bracing her
against the intake counter. S-was combative, spun around towards Pianta and tried to
hit his face with a hammer ?st strike. An Oakland of?cer also tried to assist. Pianta
performed a dynamic takedown in order to control 8- anWs face hit the floor.
- appeared to lose consciousness momentarily. was transported and
admitted to Eden Hospital due to injury.

  
 

Sergeant Szopinski responded to Eden Hospital to interview 8- for a use of force
investigation. 8- stated that she did not remember what happened. -stated,
I?m not saying I?m innocent or I probably mouthed off or like -- you know --
took a swing or like did something I just didn?t know I would get this much of a
fucking backlash.?

BART Police received noti?cation on September 17, 2015, that 8- had ?led a lawsuit
regarding the incident at Santa Rita Jail and alleged excessive force on the part of Of?cer
Pianta. The Complaint for Damages and lnjunctive Relief ?led by Ms. -5 attorney
included the following, ?Upon arrival at the Santa Rita Jail, in the booking area, BART PD
O?icer Pianta beat .8- until she lost consciousness. This beating caused plainti?'
serious head injuries including but not limited to fracturing four of her cheek bones, splitting
her molar, and cracking a?ont tooth. 

Four Oakland Police Of?cers witnessed Pianta?s use of force at Santa Rita, and all four
of?cers stated that the use of force was justi?ed.

Of?cer Pianta stated that he did not intend to injure but that the takedown was
intended to allow him to control -and to stop her assault against him.

The incident was recorded on Santa Rita Jail surveillance video and on Oakland Police
Officer body worn cameras. The video evidence supports that S- was combative.
Pianta ?rst attempted to control then with a control hold, and then by
bracing her against the booking counter. did not comply, turned towards Pianta and

attempted to strike his face with a hammer ?st strike. Pianta then used a takedown in order

   
 

INTERNAL AFFAIRS FILE: #121201 4-036 29 of 34

to control S-nd to avoid further assault. It is unknown if Pianta was aware that OPD
Of?cer Stolzman was holding -5 right arm. When asked what OPD Of?cer
Stolzman was doing at the time of the takedown, Pianta replied, ?It appears -- that he was
just trying to secure the purse at that time. It -- it -- it all happened so quickly.?

Pianta documented the events leading to the takedown as follows in his police report
narrative, ?While I had _in a control hold, she began pulling away from me. I pushed
her up against the counter in order to gain better control of her. She suddenly turned
towards me and began violently punching with a closed ?st at my face. Her strikes appeared
as though they were missing my face by inches. I ordered her to get on the ground and she
continued her assaultive behavior of attempting to strike me in the face. To protect myself
from her attack and to stop her attack on me, I used an armbar take down and guided her to
the ground. Upon guiding her to the ground she landed on her face and appeared to go
unconscious.?

Internal Affairs asked Pianta to explain why he used the above verbiage in his to describe the
takedown. Pianta replied, ?It?s my understanding that -- um -- that?s how the -- um --
technique is conducted. Uh -- both my hands are on the subject, and it?s -- um -- it?s a circle
down-type motion -- urn -- where you?re essentially -- um -- guiding that person
down towards the ground -- urn -- where you have control of their - their -- um -- their arms
-- uh -- with both your hands. Um -- uh -- I?ve received -- uh -- uh - training. I don?t know --
uh I don?t recall -- um -- uh -- where or -- um -- uh -- from whoit?s
always been -- uh -- um -- speci?cally back -- uh -- when I worked in the prison -- um -- we
used that term all the time -- guiding the subject to the ground -- um when we - we talked
about -- urn -- this type of -- um -- uh -- maneuver.?

lntemal Affairs recounted to Pianta that he wrote in his report that he ?guided? - to
the ground, and that when interviewed he stated that he ?took? her to the ground and that he
?pushed? her to the ground. Pianta was asked if he considered all of the above to be accurate
statements, and he replied, do.? Internal Affairs then asked Pianta if he considered
anything in his report to be misleading or inaccurate, and he replied, 

Since Ms. S-was injured, it was important for the actions which led the injury to be
documented accurately. Although it is unknown if Of?cer Pianta was purposely trying to be
misleading in his police report, his documentation of the takedown was not an accurate
description of what took place.

INTERNAL AFFAIRS FILE: 30 of 34

RECOMMENDATIONS

A?er reviewing the case, and based on the preponderance of evidence the Of?ce of Internal
Affairs makes the following recommendations of ?nding:

In regards to Sheehan?s allegation of (Excessive) Force on the part of Of?cer Pianta, the
allegation is Not Sustained for the following reasons:

S-alleges that Pianta beat her at Santa Rita Jail until she lost consciousness,
although -tates that she does not remember the incident.

Pianta alleges that _became unc00perative during the booking process after she
had been unhandcuffed. S-reportedly would not let go of her purse when Pianta
ordered her to do so.

Pianta ?rst ordered _0 let go of the purse, she did not comply.

Pianta then attempted to control 8- with a control hold, but she did not comply.
Pianta then attempted to control S-by bracing her against the booking counter, but
she did not comply. S- then turned to face Pianta and tried to strike his face with a
hammer ?st strike.

Pianta performed a takedown in order to control -and to avoid further assault.
Oakland Of?cer Stolzman was holding S-s right arm at the time of the takedown.
It is unknown if Pianta was aware that Stolzman was holding -s right arm. When
asked what OPD Officer Stolzman was doing at the time of the takedown, Pianta replied,
?It appears -- that he was just trying to secure the purse at that time. It -- it -- it all
happened so quickly.?

The four Oakland Police Of?cers who witnessed the incident stated that the use of force
was justi?ed.

Pianta?s use of force was recorded on Santa Rita Jail surveillance video and on Oakland
Police Of?cer body worn cameras.

Attorney Knorr asked Pianta, ?The amount of force that you used -- when you conducted
the takedown, was it in any way, any more than the amount of force that you would use
typically when taking someone to the ground?? Pianta replied, Knorr then asked,
?So, did you only use the amount of force necessary to effectuate the takedown?? Pianta
replied, ?Yes.?

I (Haight) asked Pianta, ?And the amount of force you were applying, was it based on the
fact that she was - smaller in size to you? Were you -- were you - using any less force
on her than you would, say, on me -- I weigh 215 pounds?? Pianta replied, don?t
believe so.?

Attorney Erich Knorr sent Internal Affairs an email on December 9, 2014, with the
following letter from Of?cer Pianta to Internal Affairs as an attachment to the email:
After reviewing the tape-recording of my interview on November 6. 2014. I would like to
clarify my response to one of your questions. The question, ?Were you using any less
force on her than you would on me, I weigh 215 pounds. I misunderstood the question at

INTERNAL AFFAIRS FILE: ll of 34

the time of the interview. I would like to clarify, that I did not us the same amount of
force on her, as I would on someone of a larger stature. I used only the amount of force
necessary to take her to the ground, so she would stop her attack The level of force I use
in any given situation varies depending on what is required to bring the individual
suspect under control.

It appears as though Pianta was justi?ed in using force to overcome resistance and assault
from 

When asked by Internal Affairs to explain why he wrote in his police report that he
?guided? to the ground, Pianta replied as follows, ?It '5 my understanding tha --
um - that?s how the -- um -- technique is conducted. Uh -- both my hands are on the
subjectcircle down-type motion - um -- where you 're
essentially -- um -- guiding that person down towards the ground Based on video
evidence, the takedown appeared to be forceful and dynamic with Pianta thrusting

S-over his thigh and straight the ?oor. Had Pianta used a controlled circle
down, motion to guide to the ?oor, it seems much less likely that
would have been injured.

There does not appear to be enough evidence to either sustain or unfound the allegation
that Pianta used excessive force upon Sheehan. Per Policy 300, of?cers are to only that
amount of force that reasonably appears necessary, given the facts and circumstances
perceived by the o?icer at the time of the event, to ef??ctively bring an incident under
control.

In regards to an administrative allegation of Performance (Report Writing Accuracy) on the part
of Officer Pianta, the allegation is Sustained for the following reasons:

Policy 201.2.l4(p) states prohibits the following, ?Failure to disclose or misrepresenting
material facts. or the making of any false or misleading statement on any application,

examination form, or other o?icial document, report or form or during the course of any
work-related investigation. 

Officer Pianta documented the takedown of S- as follows in his police report:

While I had 5- in a control hold, she began pulling away from me. I pushed her up
against the counter in order to gain better control of her. She suddenly turned towards
me and began violently punching with a closed ?st at my face. Her strikes appeared as
though they were missing my face by inches. I ordered her to get on the ground and she
continued her assaultive behavior of attempting to strike me in the face. To protect myself
?om her attack and to stop her attack on me. I used an armbar take down and guided her
to the ground. Upon guiding her to the ground she landed on her face and appeared to go
unconscious. Moments later blood pooled onto the floor coming from her facial area. I
placed her in the recovery position. Oakland police o?icers who were present summoned
jail medical sta? to provide aid to the suspect.

Of?cer Pianta noted in his olice report and reiterated in his interview with Internal
Affairs that he ordered to get on the ground just prior to performing the

INTERNAL AFFAIRS FILE: 32 of 34

takedown. That does not appear to be an accurate recollection on the part of Pianta. The
audio from the Oakland Of?cers? video did not record Pianta ordering -to get on
the ground. Pianta stated, ?Let go of it [purse],? and then, ?Really?!? just prior to the
takedown.

When asked by lntemal Affairs why he chose those words guided her to the ground?
to describe what took place. Pianta replied, ?It?s my understanding that - um - that?s
how the -- um -- technique is conducted. Uh - both my hands are on the subject, and it?s
-- um -- it?s a circle down-type motion -- um -- where you?re essentially -- um
-- guiding that person down towards the ground -- um -- where you have control of their -
- their -- um -- their arms -- uh -- with both your hands. Um -- uh -- I?ve received -- uh --
uh -- training. I don?t know -- uh - I don?t recall -- um -- uh -- where or - um -- uh --
from whoit?s always been -- uh -- um -- speci?cally back -- uh -- when
I worked in the prison -- um -- we used that term all the time - guiding the subject to the
ground - um -- when we -- we talked about -- urn -- this type of - urn -- uh --
maneuver.?

lntemal Affairs recounted to Pianta that he wrote in his report that he ?guided? S-
to the ground, and that when interviewed he stated that he ?took? her to the ground and
that he ?pushed? her to the ground. Pianta was asked if he considered all of the above to
be accurate statements, and he replied, do.?

Internal Affairs then asked Pianta if he considered anything in his report to be misleading
or inaccurate, and he replied, 

Based on video evidence, the takedown appeared to be forceful and dynamic with Pianta
thrusting over his thigh and straight down to the ?oor.

Since Ms. as injured, it was important for the actions which led the injury to be
documented accurately. 
Although it is unknown if Of?cer Pianta was purposely trying to be misleading in his
police report, his documentation of the takedown was not an accurate description of what
took place.

 
  
 

In regards to an administrative allegation of Policy/Procedure (AXON Video) on the part of
Officer Pianta, the allegation is Not Sustained for the following reasons:

Officer Pianta recorded his interaction with until he entered Santa Rita jail.
lntemal Affairs asked Pianta why he deactivated his AXON camera once he entered the

jail, and he repliedunderstanding that -- when we?re going into

another agency?s jail you know, that -- that we must -- shut down our cameras, because
they have their own cameras. Um - at -- at that time, I -- believe it was their policy for
other agencies just to - turn their cameras off.?

Pianta stated he was told during the Field Training Program to turn off his camera when
inside a jail facility, but he does not remember which FTO told him that.

INTERNAL AFFAIRS FILE: 33 0f 

0 Santa Rita Jail does not have a policy to prohibit outside agency of?cers from recording
audio/video inside the, as evidenced by the Oakland Of?cers recording this incident.

0 The Department acknowledges that there was a period of time when some BART
Of?cers and possibly Field Training Of?cers were under the impression thatjail facilities
did not allow recording. It is noted that the Department has since dispelled that
misconception. Officers are required by policy to keep their cameras activated while
entering jails. If any jail personnel instruct a BART Of?cer to turn off the camera, the
of?cer is to inquire with a jail supervisor and advise the BART Watch Commander.

This investigation was conducted by Lieutenant Lance Haight and was completed on June 27,

2016. If you have any questions regarding this investigation, please contact lntemal Affairs at
(510) 464-7029.

EXHIBITS

The following is a list of evidence as it relates to this investigation:

A. Interviews and Transcriptions

1. Of?cer Pianta

2. Oakland Of?cer Phillips

3. Oakland Officer Carter

4. Oakland Of?cer Stolzman

5. Oakland Of?cer Hight

Santa Rita Video

OPD Of?cer Videos

Of?cer Pianta Video

BART Police Reports 1403-2632
Supervisor Use of Force Report 1403-2632
1. Sheehan interview

2. ACSO Technician Buckhout interview
G. Claim ?led by



 :1 FFl-l FIL E: 20 I 4-0316

CASE REVIEW

34 of 34

 

 

 

 

 

 

 

1 EMPLOYEE ALLEGATION POLICY FINDING

(Excessive) Force 300.2 Nat Sustained

I Of?cer Pianla Performance (Report Writing Accuracy) I 201 .2. 14(p) Sustained I
Policy/Procedure (AXON Video] i 451 Not Sustained 224:6.
Lleutenam Lance Date
1/ 7

. 0745/3

Benson Fairow I [331c-



M. {fax 1! z. u.
Chicf Kenton W. Raincy Dalc

 

Exhibits

Haight:

Pianta:
Haight:

Pianta:

- INTERVIEW -
This is a recorded interview, the date of this interview is November
2014. The time is approximately 1640 hours. I'm Lieutenant
Lance Haight. with me is Sergeant Aaron Togonon. We're
interviewing Of?cer Nolan Pianta as a subject of this in - in -
investigation. He's being represented by his attorney - uh - Eric
Knorr. from Mastagni. This is in relation to BART Police case
number 1403-2632, it?s an incident that occurred on March 
2014 - uh - an arrest occurred of Miss at the
Lake Merritt BART Station about 1834 hours. Uh -- Officer Pianta
was - uh -- instructed to transport Miss from Lake Merritt
to Santa Rita Jail for booking - um - and we'll be investigating 
uh - his involvement with Miss - Miss - So uh 
Of?cer Pianta. can you recount uh - you're involvement in this
inst - in this incident and uh -- urn - provide as much detail as
you can in regards to uh - you?re contact with Miss S-
from - uh - when you first contacted her at Lake Merritt until - uh -
- uh the incident concluded at the Santa Rita Jail.
All right, yes.
Can you go ahead and just -
Um - on that date - um - was - uh - instructed to um you
know. report to the Lake Merritt uh ?Police of?ce to - uh -
transport - um - uh - Miss - who was - uh under
arrest. Uh - was - uh assigned to transport her to the - uh -
Santa Rita - uh - uh Santa Rita Jailtransported her to the jail - um -- once at the jail um the you
know, the - the -- deputies behind the counter had her - uh step

up to the counter um and - uh - they - they - instructed me

 

 

 

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un?handcuff her. Urn I un-handcuffed her -- um -- and I
believe that was -- uh -- for her to get her jewelry off. Urn -- as she
-- after she was un-handcuffed. she was standing at the counter --
um -- she was putting a hair tie in her hair -- uh -- -- uh -
instructed herthat uh -- she wouldn?t be able to take that into the
jail with her, you know, it had to stay with the property. Um -- at
that time, she turned around and she threw hatdidn't take any action at that
time, I just ?gured I?d - uh -- add another charge for that at - at --
at a later time. Um -- after that -- uh - she began digging around in
her purse. which was on the counter -- urn -- you know. and -- uh --
I. you know. I instructed her to let go of the purse, when she did not
comply - grabbed her hand and placed her ordered her multiple times she then at -- at -- at the time -
uh kind of turned towards me, and -- um -- began -- uh 
attempting to strike me -- uh - which appeared in the facial area -
um - I can recall her - uh - ?st coming within inches of my face.
Um - um - I ordered her - um -- to get on the ground. she still did
not comply, and she didn?t stop her and her attack against me. Uh
-- and at that time,'l - um utilized a -- urn -- an arm bar
techniqueand took her to the ground to
stop her from a violent attack. Um -- at that point - um -- uh - she
appeared injured uh - appeared to be unconscious, I?m not 100
percent sure whether she was or not, but - um -- I placed her in
recovery position -- um -- I believe Oakland PD of?cers had - uh -
um -- full -- told jail personnel to have their medical staff come out

to look at her. Um -- and while doing that -- uh -- I put her in

 

 

 

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Haight:

Pianta:

Haight:

Pianta:
Haight:
Pianta:

Haight:

Pianta:
Haight:

Pianta:

recovery position. and called for a code three medical uh -
sergeant to respond to my location. Um -- a medical responder
transported her to - um - the hospital, I don't know which hospital
it was. I followed the ambulance to the hospital. and - uh - once
at the hospital, I was relieved of (inaudible) of?cer.

Okay. Uh so I?d like to back up to the beginning, and just ask
some questions along the way. Um - you ?rst came in to contact
with Miss holding cell at Lake Merritt
BART Station uh - where you were going to transfer her to
Santa Rita, and based on the video. it appears as though uh -
Miss S-omplained about the - the - handcuffs - uh -
were hurting her - um - and it looks like in the video. that you
inspected or adjusted the cuffs. do you remember doing that? And
-- and - what is it - what is it you did?

Uh - yes. Uh - she was complaining that the handcuffs were - uh
- too tight on her wrists and were uncomfortableinspected the handcuffs. and loosened them up a little bit for her
-- for her - comfortdouble lock them?

I believe I did.

Is that something you normally do?

Normally, yes, double lock and check for proper fit.

And when you adjusted them, did you adjust them properly so they
could be - uh - so they'd ?t properly?

Yes.

Uh - was there a gap between her hands and the handcuffs?

Uh - i don?t quite remember um - but typically - um - when I

place a subject in handcuffs. I make sure there?s a gap, so can at

 

 

 

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Haight:

Pianta:

Haight:

Pianta:

Haight:

Pianta:

Haight:

Pianta:
Haight:

Pianta:
Haight:

least put my pinkie - uh - between the handcuffs and uh that
person?s hand. that it?s not too tight.

Okay. And then - uh you recorded the -- uh - the drive from
Lake Merritt to Santa Rita on your Axon Flex. and - uh - it sounds
as though - uh while en route. she's complaining about the
handcuffs, and you - uh - responded to her. do you remember
what you said to her about the handcuffs?

Uh - I said something to the effect of - um - you know, I I told
her to stop - uh - twisting her wrists around - um - uh because
that would cause the. you know. discomfort on the in the -
handcuffs.

What was - uh - Miss S-s demeanor - uh - towards you
at -- at -- Lake Merritt and during the - the - transport?

Uh - she. for the most part. she was calm. and - uh - I would say
kind of joking towards me.

Do you remember what - uh - what she was saying or what she
was doingdon?t recall - uh - quite recall.

At one point on - on - on your - uh -- video - uh - it sounds as
though Miss -something about she needs to urinate? Did
- uh did you hear her say that?

I don?t recall her saying that.

Okay - um - it sounds - uh based on the video, this happened -
- uh - when you were on the on the - highway. I believe. is there
anything you could have done about it at that point?

At that point. no.

Okay. And once you arrived at the jail - um - uh - based on your

video. you opened the doorappears as though

 

 

 

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Pianta:

Haight:

Pianta:
Haight:

Pianta:

Height:

Pianta:
Haight:

Pianta:
Haight:

Pianta:

you noticed that she had urinated in the back seat of the patrol car,
can you explain what happened after that?

Uh -- when I opened the door, it appeared -- uh -- that as though
there was -- um - uh a puddle of a yellow liquid substance on
the floor, and I assumed it to urine, but -- um -- l, for the most part,
I asked if she urinated. and no, she said she didn?t urinate in the
patrol car. She said something about urinating outside of the patroll
car, something to that effect.

At any point during the -- uh -- the drive to Santa Ritatell you that she needed to - needed you to stop, because
she had to urinate?

I don?t believe so.

Now -- uh - there is a break in your video um -- during the
transport. it -- it -- appears as though the -- the -- well, the video
does stop, and then a minute or two later, I don?t know the exact
timing - uh - the - the - video resumesyou
have an explanation about - uh -- the gap in video?

Uh -- -- -- do not. Uh - I typically -- um -- when transporting a
female a female suspect, I typically -- uh -- have and want my
video recording the whole time.

On this occasion, did you notice that your video had stopped
recording, and then reactivate your camera?

I did not.

Um -- so do you recall. or do have any explanation as to why
there's a gap in the video?

I do not.

Did you intentionally -- uh -- turn your video off for a period of time?
I did not.

 

 

 

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Is this situation where if the -- if the - video had stopped recording
inadvertently. and you noticed it, would you have turned it back on?
Absolutelythat what happened in this instance (inaudible)?

It could have been if? uh - there's been times where - um uh 
in the camera's, you know. if the cord - uh - get joggled or moved,
so the video will stop, and then - um - start up again - uh - which
l've -- uh seen happen -- uh if you're out wearing the camera.
Okay. Uh - but you this incident happened some time ago. do
you have any speci?c recollection as to whether or not that
happened or - or any other details about -

No. -- -- did not know that the video uh - stopped.

Okay. All right. Uh so after -- uh - uh .- you took Miss 
out of the patrol car uh -- you walked in the jail facility, and - uh -
- based on video of yours. Miss - you had her sit on a
bench waiting for your turn at the intake window - um - can you
describe her demeanor at that time?

Uh -- I believe. calm. from what I can recollect.

And based on the video, it appears as though she has
conversation with Oakland of?cers who were there. do you
remember what that conversation was?

Uh - I believe it something sort of about urinating uh - in the
patrol car.

And what was her demeanor - what what - was the nature of
that conversation?

Uh - she seemed - uh -- jokingly.

Urn - the video also shows you - you - may have made a - you

made some kind of a comment about - uh -- her urinating in the

 

 

 

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car -- uh -- what was that comment?

I -- -- I can?t recall.

Uh -- as I reviewed the video, it appeared as though you -- you -
may have made a -- a -- comment, it could have been a joking
comment about adding a charge of her peeing in the car, was that -
- do you remember making that comment?

Uh -- I don?t -- I don't recall.

If you did. might it have been in kind of a -- a ?joking commentsomething that you have considered adding a charge
for her peeing in the car?

Uh -- ifl did, it would have been a joking (inaudible).

Okay. Urn -- and then at -- at at some -- at -- at -- at one point 
uh -- you turn off your camera. your -- your -- camera. you had it on
in the car. and then you had it on when you escorted her into the
jail, and then -- um -- shortly after entering the jail, you turned your
camera off - uh can you explain why you turned your camera
offunderstanding that -- um - when we?re going
into another agency's jail -- um -- you know, that -- uh -- that we
must -- uh - shut down our cameras, because they have their own
cameras. Um -- at --at that time, I --uh -- believe it was their policy
for other agents just to -- um -- turn their cameras off.

Is that for all jail or just speci?c to certain jails?

Uh -- from -- from what I -- uh -- you know, from what I understood.
it was all jails.

And where where -- did you receive that information from?

Uh - -- I don?t speci?cally know who -- um -- uh just on FTO. I

remember. you know -- um -- just being instructed to, you know,

 

 

 

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when you go into a jail. just turn - turn your camera off.

Do you remember if you were instructed - uh - speci?cally about
Santa Ri - Rita Jail, if you needed to turn your camera on, or off.
or not?

I - I - don?t speci?cally remember at - um - a certain jail. I mean,
I've - I've - worked at Santa Rita before, and it was always my
practice to - uh turn off my camera going in to Santa Rita.
Okay. Uh - from what I understand at some point. the jail staff -
uh - advised you to take the handcuffs off Miss so that
she could remove her jewelry. is that correct?

Yesthat point that she -- uh - threw a hairband or
?ipped a hairband at you?

Yes.

Uh - and then. as you recounted earlier in your interview. you
stated that she was - uh - starting to go through her her -
purse.

Yes.

And can you explain why you did not want her to go through her
purse?

Uh -- I didn?t know if there was any - um - weapons in her
purse. Um plus um -- she wasn?t allowed to to -- have her
purse uh - because that was going into the - uh - uh - property
at the jail.

Had you searched her purse prior to transporting her to jailprior to transportingthe
video. me looking into the purse, I don't recall - urn - searching, I

don?t I don?t - I?m not sure what I was looking for in there, but -

 

 

 

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Piantadidn?t thoroughly search the purse, no.

And when you say that you were unsure if she had any weapons in
there. (inaudible) are you referring to literal weapons or other items
that could (overlapping)?

Any - any - type like that could have been used as 

And as far as the purse itself, was an - was an issue to you
whether or not Miss - had her purse?
Yes, because the purse could have been used as a weapon, so.
And and -- can you just recount what happened after you told her
not through her purse?

Uh - she didn't comply. so I um I grabbed her uh - left arm
and placed it in a - an -- arm board. Uh -- and she wouldn?t let go
of the purse, I believe the - the - OPD guy came over and - uh 
uh - tried to take her purse away from her. Urn - you knowtold her multiple times to let go of the purse. and she did not.
And what was her demeanor at this point?

Uh - she became angry.

What - was she saying anything to you?

Uh - I believe so, but I don't recall what she was saying.

Uh - according to your police report that -- uh - at about this time.
that uh in your of?cial report you said, I - while I had -
in a control, she began pulling away from me. and I pushed her
against the counter in order to gain better control of her. Uh - can
you describe that portion of the incident?

Uh yeah. Yes, she began to pull away from me, so -- um - she
was standing near the counter, so I - um you know. I engaged
the - a -- a - arm bar and pushed up towards the counter to uh -

- control her more.

 

 

 

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And at that point was she facing towards your or away from you?
Uh -- she was facing away from me.

Okay. And then what happened?

Urn -- and then as I was doing that -- um -- she quickly twirl --
turned -- towards with her right uh - arm
and her closed ?st -- uh -- she began -- uh -- swinging towards my
facial area.

And uh -- how many times did she do that?

Um -- I believe Mo to three times.

Okay. So you - you -- pushing her against the counter and
controlling her arm, was that -- uh -- effective?

It was not effective.

And then -- and then -- what happened?

Um -- uh -- I ordered her to get on the ground -- um -- uh -- she did
not comply. and - and - she continued to attempt to strike me in
the facearm bar takedown.

And can you describe that takedown?

Um -- uh -- I basically pulled her back towards my left side and
pushed down -- uh - towards the ground.

Now, is that something you?ve been trained to do?

Yes.

And where have you been trained to do that?

The police academy.

Uh uh -- have they also trained that here at the department, have
you been through department training?

Yes. department training. yes.

Um -- and can you describe uh -- her level of resistance at this

point?

 

 

 

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Once on the ground?

No, just -- just - prior to the takedown.

Prior to the takedown -- fully resisting. and --
uh -- violent.

Can you characterize -- uh -- the amount of force that you used in a
-- applying this takedown?

Um - you know, l- - used - uh um you know, a reasonable
amount of force have her stop her attack on me.
And -- uh -- can you describe how she -- how she - landed on the
groundappears -- it appears as though she -- um --
landed head ?rst on her face on the ground.

And was that your intent?

It was not my intent.

Can you just elaborate on that?

Uh -- my intent was to get her on the ground so that I could better
control her -- uh -- to stop her -- uh -- kind of violent attack towards
meyou didn't intend on her head hitting the ground,
what did you intend on that being --

Uh -- just -- uh - getting her -- uh -- ?at on the ground.

And then can you -- you -- what happened after that?

Um - after -- uh -- she was on the ground -- urn -- there was -- uh -
- no movement from herattempted to place her
in a recovery position.

And so, did you intentionally -- uh -- throw her onto the ground
head ?rst?

No.

 

 

 

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Uh - do you have an explanation as to how that happened? As
you said, you recounted that it looked to you as though - as
though - it's like she it the ground head ?rst. can you have any
explanation as to how that happened?

Um - just - uh -- um - my only thing is, when it her momentum -
- uh - was going that way - urn - while she was swinging. and -
um - you know, my - um - movement down towards the ground
and her momentum going that way - um - maybe - it may have
been the result why she landed how she did.

And was the Oakland of?cer doing at that time?

Uh - I believe he was - uh -- trying to secure the purse from her.
Did he have a -- a -- grasp on her person that you know of?

I don?t - I don?t -- recall.

Uh - can you refer to your - uh - police narrative? it says in your
police narrative that - that - uh - this is while you're still
standing. I grabbed on to 8-3 left arm and placed her in an
arm bar control in order to gain compliance. Oakland Police Of?cer
Stolzman grabbed the purse, removed it from her grasp. While I
had S-in a control hold, she began pulling away from me. I
pushed her against the cou nter. so uh does that refresh your
memory at all as to what Officer Stolzman was doing after he
attempted to retrieve the purse?

Um - no.

Okay. So - uh - with that in mind. do you know what Officer
Stolzman was doing - uh - during the takedown?

Uh - it a it appears - uh - that he was just trying to secure the
purse at that time. It - it it all happened so quickly.

Okay. So after the takedown. after medical personnel had been-

 

 

 

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uh - uh - respondedroute or had
responded uh - uh it sounds as though you told another police
of?cer - uh - she tried to hit me, so I just took her to the ground,
and she went hard, unfortunately. Uh - can you explain what you
meant by that?

Urn - it's because she. you know. she was trying when I took her to the ground - uh - it appeared that she
landed on it really hard - uh - and absorbing - uh - all the impact
on her - on her facial area.

And can you just elaborate on what you meant by unfortunately?
Um you know, I - .- didn't - i didn't - uh - mean for her to - umi
- you know. sustain -- uh - injuries - uh -- to her face like that.

Uh ?just - uh - to recap uh - did .- did you use any unlawful or
undue or unnecessary force - uh - against Miss

No.

- -- do need to go back -- uh - neglected to ask, based on -
based on - the uh - the video um - when you're driving
towards the jail, in some portions of the vid - the video - it appears
as though the vehicle engine is rewing - um -- more than normal, I
guess I would characterize it in that you may be traveling faster
than the cars around you, can you uh - recount - uh - your
driving practices during the transport?

Uh - I don?t - I don't recall the - urn - the the speeds that I was
going - uh -- during transport. Um - (inaudible) you?re uh -
normally - um -- I typically drive - um -- safely - um - but I don?t
recall how fast I was going.

At any point in the transporting of Miss - were you driving -

- uh - unsafely?

 

 

 

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No.

Uh -- were you in a particular -- uh hurry to get to the jail for any
reason?

Uh -- I don?t believe so.

Um were you - to your knowledge. were you violating any - uh -
- speed limits?

Uh - I - i don?t I don?t recall what my speed was (inaudible).

But as you just recounted, you were driving safely?

Yes.

Uh -

Just a couple of questions that - uh - I wanted to - um - you used
- uh you you said force to take her down on the ground when
she was resisting and pulling away, is that correct?

Uh - yes.

(lnaudible) was your intent to harm, injure, or -uh - otherwise hurt
Miss I

No.

During the arrest, why did you use force?

Uh - to stop her - uh - attack.

Okay. Earlier, you attest - uh - had - had made a statement that
Miss S- threw a hairband at you. did this make you mad?
Um - yes.

The fact that you were upset have anything
to do with the way you conducted yourself towards Miss S-
at any point?

No.

Uh I neglected to ask you, at one point - uh you?re - uh -
about your (inaudible). you're at the counter with Miss 8-.

 

 

 

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and uh - she begins to go through her purse. at one point in the
video, it appears as though you may have your handcuffs in your
hand -- uh -- do you remember if you did and what your intent was?
Um -- I don?t recall ifl had cuffs in my hand. Uh - normally -- uh -
when I?m handcuf?ng somebody -- um -- I don?t know, I usually put
my handcuffs -- um -- back in my pouch. -- - I actually - I don't
even know if they were my handcuffs, they might have been my
partner's handcuffs um -- from when they cuffed her up initially.
Um -- and normally - uh -- when I -- have somebody else?s
handcuffs, (inaudible) because everybody had them. I don?t
(inaudible), but I don't recall if I they were in my hands at -- at -- the
time.

Do you remember any point during the initial - uh -- when she's
going through her purse, you're trying to get her to stop going
through her pursecontrol hold, were -- were -- you attempting to handcuff her at that
point?

I was attempting to gain control of her. and -- um you know, the -
- um -- once getting her controlled. I would have handcuffed her.
Okay. And so at that - at that -- point -- uh -- was it your intent to -
- uh -- place her on the ground and -- and per -- perform a
takedown and place her on the ground?

Not -- not -- before she started striking -- her striking -- at me.
Okay. And so - uh we?ve already been through this, butjust --
uh -- to reiterate. so how did the scenario change from you trying to
just secure her at the -- at the - counter in a control hold, to -- to -
taking her down to the ground?

Uh - once she started um - the - basically, the arm bar was --

 

 

 

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was ineffective - um - she was able to - uh - turn towards me
and begin striking - that time um - to
stop her - uh - violent attack, I -- uh used an arm bar takedown.
Okay. And you may have already said this. but did she ever make
contact with your - when she was trying to strike you?

Uh not to my face - um - I - don't recall if she was hitting I'm not 100 percent sure if
she made contact with - with if her punches landed or not, but I
know that they did not - uh hit my face. 

And just - can you just describe or characterize your overall
conduct throughout this incident?

Um - - feel I was professionalyour contacting in - in any type of
- of - retaliation to Miss uh - urinating in the back of
the patrol car?

No.

The amount of force that you used - um - when you conducted
the takedown. was it in any way. any more than the amount of
force that you would use typically when taking someone to the
ground?

No.

80, did you only use the amount of force necessary to effectuate
the takedown?

Yes.

That's all i have.

And the amount of force you were applying, was it based on the
fact that she was a - a -- a smaller in size to you? Were you 

were you -- using any less force on her than you would, say, on me

 

 

 

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if I weighed 215 pounds?
Uh -- I don?t believe soshould -- maybe if I said it a different way. Were you
using any -- any -- more force than what was necessary in order to
place her on the ground?
No.
Okay, that's all I have.
Nothing else.
If there?s nothing further. we'll end the interview1711 hours. (Recording ends.)
- INTERVIEW CONCLUDED -

 

 

 

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Haight:

- INTERVIEW -
This is a recording. Today's date of this interview is July 2015.
The time is approximately 1558 hours. I?m Lieutenant Lance
Haight. I'm interviewing Of?cer Nolan Pianta, who's the subject of
this investigation. Of?cer Pianta is represented by his attorney,
Erich Knorr, from Mastagni. This is a follow-up interview. Uh - our
initial interview was on -- took place on November 2014. Prior
to this follow-up interview, I -- uh -- sent you a copy of your -- of the
a transcript of that initial interview as well as a -- uh - follow-up
question -- follow-up letter that -- that you had sent me. Uh -- for
the record -- uh the Lybarger Admi - Admonishment that we
administered to you on November 2014 is still in - in effect for
this investigation, and -- uh -- this is a compelled statement, and
you are obligated to -- uh -- tell the truth. And [just want to ask --
uh a follow-up question in regards -- uh -- to an administrative 
uh -- allegation of -- uh -- report writing. As you wrote in your report
-- urn -- on the -- on the date of that incident uh the incident
occurred on March 2000 - 2014, and it appears as though your
wrote your report in the early morning hours of March But --
uh you wrote in your report. and I have a copy here in front of
myself - um -- uh -- at one point in the report, you say that, "To
protect myself from her attack and to stop her attack on me, used
an arm bar takedown and guided her to the ground. Upon guiding
her to the ground, she landed on her face and appeared to go
unconscious.? Uh - pardon me, though. Befo before I ask a
question in regards to that speci?c comment, I did want to ask just
generally -- urn -- what type of training have you received -- police academy, ?eld training. or advanced

 

 

 

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opportunity here at the department in regards to how to document a
use of force?

Uh -- I?ve received training on to -- uh -- document all the facts in
the use of forceyou generally do thatwriting down what happened in the police report.
Okay. So in this speci?c incidence uh -- you documented that
you used an arm bar takedown and guided her to the ground. Uh --
can you explain -- uh why you -- you -- you used those words to
describe - uh what took place?

It -- it?s my understanding that -- um -- that?s how the -- um --
technique is conducted. Uh -- both my hands are on the subject,
and it's -- um it's a circle down-type motion - urn --
where you're essentially - um -- guiding that person down towards
the ground -- urn -- where you have control of their - their -- um --
their arms -- uh -- with both your hands. Um - uh -- I've received -
uh -- uh -- training. I don?t know -- uh -- I don?t recall -- urn -- uh --
where or - um - uh -- from whoit?s always been --
uh -- um -- speci?cally back -- uh -- when I worked in the prison --
um - we used that term all the time - guiding the subject to the
ground - um -- when we -- we talked about -- um -- this type of --
um -- uh maneuver.

Okay. And -- uh -- when you were interviewed -- uh -- on
November you also described the -- uh -- incident as follows.
You said, I used an arm bar technique and took her to the ground
to stop her from a violent attack. You relayed in the interview -- urn
-- you -- when asked to describe the takedown. you said, I

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towards the ground. So in your report you referenced guided.
Here you said you took her to the ground or pushed her to the
ground. Do you consider all of those -- uh -- to be accurate
statements?
I do.
And do you consider anything -- uh -- in your report, in your -- in
your statement to lnfer -- Internal Affairs to be misleading or
inaccurate in any way?
No.
Uh -- so can you say that in -- when you were writing your report,
you did so in in good faith, with the intent to describe what
actually took place?
Yes.
And you maintain that that's what -- that that was the intent and the
effect of what you wrote down?
Yes.
Uh -- if there's no further questions, then I will end the interview,
and it is 1603 hours. (Recording Ends)

INTERVIEW CONCLUDED -

 

 

 

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Lieutenant Lance Height

O?ice of Internal Affairs, BART Police Department
800 Madison Street

P.O. Box 12688

Oakland, California 94604-2688

Re: Clari?cation of Response
Lt. Height:

After reviewing the tape-recording of my interview on November 6, 2014, I
would like to clarify my response to one of your questions. The question "Were you
using any less force on her than you would on me? I weigh 215 pounds." I misunderstood
the question at the time of the interview. I would like to clarify, that I did not use the
same amount of force on her, as I would on someone of a larger statue. I used only the
amount of force necessary to take her to the ground, so she would step her attack. The
level of force I use in any given situation varies depending on what is required to bring
the individual suspect under control.

Thank you,
Lair?? :2 

Nolan Pianta

Haight:

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- INTERVIEW -

This recorded interview. The date of this interview is December 29,
2014. The time is approximately 1529 hours. I'm Lieutenant Lance
Haight. I?m interview - interviewing Oakland Police Of?cer Paul
Philips who is a witness to my administrated investigation. Uh -
and. Of?cer Philips, begin we get started; I need to advise you that
I'm not investigating you and you in anyway. I've not received any
complaints against you. Had - had I received any set of
complaints, I would not investigate them. but I'll report to your
department. I'm interviewing you only as a witness to our
administrated against the investigation regarding - um - the
conduct of one our of?cers. of?cer Pianta and an incident that
occurred on March 17th of this year at about - uh - 8:20 in the
evening at the Santa Rita Jail. Uh - you were there with your
partner Kitrel Carter. And uh - you were booking an unrelated
prisoner. At the time of?cer -- BART of?cer - uh -- Nolan Pianta
was - uh booking one by the name - um iv- 
uh at the jail. Uh - do you recall this incident?

Uh - yes, I do.

Uh ?just for the record, prior to this interview. we reviewed the
CPD. body camera video and also Santa Rita - uh - um -
surveillance video - uh - to refresh your memory. Can you tell me
what you remember about the incident?

Uh - that night - Saint Patrick's Day, March
we were taking a transport from our criminal investigative
division to Santa Rita. Um - we were in the process of booking
ours when - um - BART arrived with a very intoxicated female.

Um the female had -- was jabbering about urinating on herself -

 

 

 

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um -- and laughing about it. And making fun of herself being
arrested for it. Um - the Bart of?cer, the whole time was very
professional and - um -- put her to the side while we ?nished ours.
and at some points, the Santa Rita Jail technician or of?cer called
her up to the window -- uh -- I don't recall actually seeing him
unhand cuffed her at all. To take her hair stuff out like we do for
females -- uh -- or at least the Oakland Police. Um - I do recall
looking at her at the point where -- uh - she was getting her stuff
out of her hair and then I heard her -- I heard - uh -- the of?cer say
something and I had seen her turned around and I saw a hair band
?icked at him -- um -- at that point she reaches into her purse -- um
- I noticed the of?cer looking at the purse -- um - and then he
goes to stop her from reaching in her purse. because I believed
that he had not. I took that he inserted that he was stopping her
from doing that. Um -- again myself as an of?cer, I will be
concerned that there was a weapon in there. Uh -- he walked up
on her to stop her. grabbed her arm said you can?t do that. That's
when she got angry at him and said what whatever she was -- uh
-- going after. Um -- another Oakland Police Of?cer went to assist
him and -- uh --

Who was the of?cer?

- Of?cer Michael Stolzman.

Yeah.

Um -- he went over to assist and I?m sorry
got the band wrist the ER of?cer. The BART of?cer got the band
wrist on -- uh -- the lady in custody. But she had freed other hand
or she turned around and tried to swing on the of?cer. At which

point, it appeared from my angle -- uh -- and I was about three to

 

 

 

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?ve feet -- uh -- directly away from them. It appeared that the
of?cer took a step back to protect himself. And then - uh - put her
down on the ground. not in a shoving or slamming manner, but in a
way that -- that we were trained to put put them in hand kind of
back and she -- I did not see her tripped. I couldn't tell if there was
a trip -- uh - I just saw her go straight to the groundOf?cer Pianta or
Of?cer Stolzman that - that took her to the ground?

It appeared that the BART of?cer.

Okay and - um -- you recalled that you didn?t see a trip. Did you
see any -- what -- what type of commotion that he used for the take
down?

I don?t know just getting out of her way and
having one arm and -- um -- her being intoxicated that she went off
balance and her body weight with him going down -- uh -- added to
it. Uh I wasn?t looking at anyone?s feet to see if there was any
trip. Uh -- but I didn't see any of?cer. the BART of?cer nor the
Oakland of?cer shoving her.

Um - from what you witnessed and base on your training
experience, was the use of force under the circumstances justi?ed?
Yes.

And why so?

Well. encountering an intoxicated subject -- um -- you don't know
the demeanor. She started off very happy and making fun of
herself at the beginning of this. Uh -- she became -- uh --
increasingly hostile at the of?cer. Uh -- told her she can?t have
certain items, you know, the hair band -- uh -- she then reach into

her purse which you know, I?ve never asked if he searched her

 

 

 

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Haight:

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before or after the matter if he searched her beforehand obviously
it appeared by him saying no to her, I took it that. well he didn't
search her yet. So she shouldn?t -- her hand shouldn?t be in there.
I don?t what she was grabbing. could be getting a weapon um --
so he went to stop that and based on that, she got extremely upset
to the point where she now wants to use her force. her skill and
abilities which we don't know what they are. She was going to
punch, throw, choke, poke at the of?cer. So him. the BART of?cer
did the right thing in my eyes by getting out of the way to protect
himself ?rst. He - he still had the control of her now her going
down on the ground. again I didn't see a push. So, if it was based
on just sheer physics of her body movement and him moving out of
her because she was drunk, that?s ?ne.

Did you see excessive or unlawful force on the part of Of?cer
Pianta?

No.

Did Of?cer Pianta make any statement after the fact that to why he
used force?

Not to me.

Can you think of anything else that would be important for me to
know about this incident?

Not that I can think of.

Can you describe of?cer Pianta's demeanor -- uh -- throughout this
contact?

Very professional and then very worried after the fact. He -- um 
he stayed down with her once she went hit the ground trying to get
help. Uh the three Oakland Of?cers that were there, myself,

Of?cer Kitrel and Of?cer Stolzman. Of?cer Stolzman?s partner, it

 

 

 

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may have been a trainee at the time. I?m not sure. Had their
prisoner in custody well away from the area -- um -- our radio don?t
work at Santa Rita. I don't know if do -- um -- when we
were trying to tell Santa Rita personnel to call for help and get the
nurses out there. They said we had to call - let the BART of?cer be known that just to talk to her. trying to keep
and see if she is awake. see what?s going on. He got very worried
for her safety once she was on the ground. At no time. did he --
was he unprofessional. He -- ?rst thing was control the scene and
then. you know. as a ?rst responder. you tend to the next problem
which is now the medical issues and he did that.

Okay, so you mentioned earlier that he was worried. Moments ago
you mentioned that he worried for her. Was there anything else
that - that you claimed that he was worried about other than her -
her safety?

I don't think so. Uh - I didn't talk to him like debrief with him
afterwards; I don't know what was going on in his mind. just
his facial expression. he was worried for her safety -- um -- once
she got the gurney. I remember handcuffs going on at that point.
then it became again of?cer's safety issue. She was alert and she
was talking to medics so at that point it became. okay she is talking
so she can be violent again. Let?s secure her. So I -- he? trained
the same way we are in Oakland - uh -- you know -- uh -- tend to
the primary issue ?rst which is scene security. safety, personnel.
medics. that kind of stuff.

Okay. there's nothing further. Is there anything further?

No. sir.

And we'll end the interview and it is -- uh 1538 hours. (Recording

 

 

 

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Ends)

- INTERVIEW CONCLUDED -

 

 

 

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Carter:

Carter:
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Carter:
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Carter:

- INTERVIEW -
This is a recorded interview. The date of this interview is
December 2014. The time is approximately 1540 hours. I'm
Lieutenant Lance Haight. I'm interviewing Oakland Police Of?cer
Kitrel Carter as a witness to our BART Police Administrative
Investigation. I'll advise you. Of?cer Carter, that you are not the
subject of our investigation in any way. We have not received any
complaints against you. If I had received any complaints, I would
have forwarded them to your Internal Affairs Department and I
would not be interviewing you in regards to those complaints. I?m
interviewing you as a witness only. Uh uh - do you have any
questions about that?
No. sir.
Okay - uh - all right. this is in regards to an incident that occurred
on March of 2014 at the Santa Rita Jail, at about 8:20 in the
evening. Uh - what I understand - from what I understand, you
and your - um Oakland Police Of?cer partner Paul Philips were
at the Santa Rita Jail booking unrelated um -- prisoner while
BART Police Of?cer Nolan Pianta was booking - um - a woman
by the name of M- uh who was arrested for being
intoxicated in public. Uh - do you recall this incident?
Yes. sir.
Uh - just for your information purposes. prior to interview - uh -
we reviewed the Oakland Police body camera video and also the -
um - Santa Rita surveillance video just to refresh your memory of
this incident. Uh - can you tell me what you remember about this
incident?

Uh - I remember seeing Of?cer - I - I forgot how to pronounce his

 

 

 

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name, Pianta?

Pianta.

Pianta are there with a young lady, I don't remember her name.
Um - initially she was sitting down on the bench um -- but then I
believed one of the technicians there called them up to the window
so that they could begin the process of booking her into jail. Um --
as he was there - uh I think he un-handcuffed her. but then 
um -- I -- I believe she -- she was turning around and she had like a:
hair tie or something and she ?ung it at him and it struck him and
then he said something to her and she kind of started to get very
belligerent so I believed that they were trying to place her back in
handcuffs because of her demeanor. And at that time, she turned
around and she had a clenched ?st and she was striking Of?cer
Pianta. So that's when I saw him take her down to the ground.
Okay. when you said that she was striking himwhether or not she made contact with him?

Yes, she made contact with him.

And what part of his body did she strike?

I believe she hit him in his face and the upper facial area.

Okay and that was with - uh - um -- her right or left hand? Do you
remember?

Her right hand with a clenched ?st.

With clench ?st and what -- what type of throw was it - uh --

It looked like just a takedown when he just grabbed her body and
took her down the ground.

Okay. were there any other of?cers involved force for the takedown?

No, sir.

 

 

 

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Uh from what I understand of?cer Stolzman Oakland Police
Officer. Of?cer Stolzman was also at the scene. did you witness
anything that - that uh - that he did?

No, sir.

Okay - um - so based on your training and experience - um - the
use of force by Officer Pianta, was it justi?ed?

Absolutely.

And can you explain why?

Because he?d given her commands to comply, she wasn?t
complying. She struck him so -- uh -- he didn?t really have any
other options. Uh -- he wasn't going to just stand there and
continue to be assaulted. So, he did the takedown in order to get
her under control and place her back in handcuffs.

And can you remember what commands he was giving her that
she was not following?

Well, I speci?cally remember he was telling her put her hands
behind her back, but she wouldn't do it.

Okay - urn -- did you see any use of force on the on the part of
Of?cer Pianta that was unnecessary or excessive?

No. not at allappear to you as though - uh Of?cer
Pianta was intentlonally trying to hurt Ms. Pianta or - uh - Ms.


No.

And what happed after - uh - Ms. -- uh S-was taken to -
taken to the ground?

Um - I believe - uh - Of?cer Stolzman and myself were trying to
notify the Santa Rita staff to call medical attention because she

 

 

 

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looked like she was hurt.
Can you describe of?cer Pianta's demeanor - um - before the use
of force and - and then after the use of force?
Very calm. restrained as opposed to what he could have been.
He?s a very calm. restrained professional.
And then after use of force after - after the use of force. did he -
uh say anything to you?
No. ldon?t recall him saying anything to me.
And what was his demeanor afterwards?
The same, he was calm and trying to render aid to the young lady.
That was it.
Did you witness any conduct on of?cer - on the part of Of?cer
Pianta that gave you any cause for concern into how he acted?
No. not at all.
And can you describe - um Ms. S-'s demeanor -- uh -
throughout this incident?
Well, I can obviously tell that she was intoxicated - um - she was
loud. She was very belligerent, and she was making a reference to
how she urinated in his car while he was booking her into jail. so.
I have - uh - no further questions. Do you have anything further
that would be important for me to know for my investigation?
No. sir.
Okay. it there is nothing further I'll end the interview and it is 1545
hours. (Recording Ends)

- INTERVIEW CONCLUDED -

 

 

 

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- INTERVIEW -
- the interview. The date of this interview is February 2015. I
am Lieutenant Lance Haight. I?m speaking on -- on -- the phone
with - uh - Oakland Police Of?cer Mike Stolzman, who is a
witness to this investigation. Officer Stolzman, I?m -- uh --
interviewing you as a witness, I have no allegations of misconduct
against you, if I did, I?d refer those to your -- your -- department, but
as I have such - as - as I have no allegations against you -- urn -
I'm interviewing you as a witness only. If during the curse -- course
of this investigation -- um -- it becomes apparent to me by
statements made by you, that you may be a subject of -- of 
potential misconduct, I?ll end the interview and refer -- uh that
matter to your police department, do you understand that you're
being interviewed as a witness only?
Yes, sir.
Okay, this regards an incident that occurred on March 17?h of 2014
at about -- uh -- 2020 hours at -- in the Santa Rita Jail in Dublin,
California. BART Police Of?cer Pianta was booking a woman by
the Ms. -- name of -- uh -- Ms. Sheehan at that scene -- at Santa
Rita Jail -- uh - do you recall this incident?
I do.
And can you tell me what you remember about it?
Sure. Uh -- at the time, I was -- uh -- working as a uniformed police
of?cer. We had - uh were in the process of transporting a in-
custody that we had from the City of Oakland, and we're inside the
-- uh -- the sally port there at the Santa Rita Jail. Um - I noticed
that a BART of?cer -- um -- had a female, White -- uh -- in custody

for unknown reasons. Uh - at the time, my ?rst view of her -- uh -

 

 

 

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she was seated on a - uh -- bench. I guess a concrete bench there.
inside the Santa Rita Jail. Uh -- throughout the -- uh for the next
several minutes after I saw her, I was in the process -- uh -- of
standing around talking with some of my partners .. uh from the
Oakland Police Department that were there, as well as the in-
custody that we had. Uh -- during which time -- uh -- I noticed that
-- uh -- the female -- uh -- that the BART of?cer had in custody --
uh - appeared to be uh -- uh -- intoxicated. Uh -- I based this
decision -- uh -- based on her slurred speech -- uh -- belligerent
behavior. Um - a short time later -- uh - she was escorted up to
the window -- uh - to deal with the technicians at the Santa Rita
Jail, as far as some administrative paperwork -- uh -- which would
include the -- uh - signing of - uh property and such. Um - my
attention was drawn -- uh -- to her at one point as I observed her --
uh -- she was - the BART of?cer was in the process remove a headband. I believe it was, a hairband, I should
say -- uh -- and I actually observed her ?ick that headband at the
BART of?cer, and I believe that actually hit him in either his chest
or his face area. Um - there?s little to no reaction from the BART
of?cer -- um - maybe a slight verbal reaction. Um -- shortly
thereafter -- um -- the subject started to -- uh -- go through or grab
her purse -- uh -- which was going to be, I believe -- I think the
purse was going to be placed underneath the window -- uh - yeah,
so property -- safe keeping. if you will -- uh by the Santa Rita --
uh -- technicians. Uh - at that point -- uh - she refused - the purse. Uh -- the officer, I believe, at least
two times or three times -- uh -- asked her. or excuse me I should

say. told her to let go of the purse -- uh -- I believe the -- uh the

 

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Haight:

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quote was ?let go of it. let go of it". Uh that actually happened at
least two or three times. Uh -- she failed became clear that uh -- the belligerent behavior that I observed
earlier -- uh -- was only - uh escalating a little bit further. Um --
um as this continued - uh - I observed the of?cer. I believe it
was -- I think he grabbed her left arm -- um -- and that was at whichi
point that I walked over -- uh -- and she was still in the process of
pulling the purse away -- uh -- so I grabbed the purse to pull that
purse away, just at about that time -- uh -- she swung and uh - it
was my impression at the time -- uh that she had struck the
officer -- um -- in the face uh - with either a - a -- I believe that --
uh -- I think at the time, I recall that -- that -- it appeared that it was
a -- a -- closed ?st. Uh -- it was at that point that the of?cer did a --
uh - a takedown of the - uh the White female, and - uh -- she
landed -- uh -- on the ground or on the -- uh -- floor of the Santa
Rita Jail. Uh -- shortly -- I?m sorry, go ahead.

That's okay, go ahead and ?nish.

Uh shortly thereafter - uh -- medical personnel was -- uh -
requested to the scene -- uh -- and at which point -- uh - it was
requested that they call an -- an -- ambulance -- uh -- thereafter -
uh - medical personnel from the Santa Rita Jail - uh -- came out
to uh -- treat this female.

Okay. Uh -- you mentioned brie?y about uh -- the of?cer's
demeanor, but could you characterize his overall demeanor
throughout this incident?

Uh -- very calm. Uh -- very calm -- uh -- stoic. Um -- like I said --
uh -- little reaction came - um -- when he had actually or i should

say, when the subject, the female. White, had -- uh -- ?icked -- uh

 

 

 

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Haight:

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- the headband - uh - at him. Um - and like I said. there was
very little to no reaction - I think he responded - uh - with the -
the word. really - kind of disbelief, if you will,
that she actually had done - done so. Uh - then after thatwould say business as usual - urn - in a calm - calm -
demeanor.

Okay. And based on your training and experience as a police
of?cer, did it appear to you as though Of?cer Pianta had just cause
to use force against Ms. 

Absolutely. Uh no question.

And what do you base that on?

Uh based that on - would - uh - certainly serv - uh - excuse
me uh about 18 years of experience as being a sworn police
of?cer in the State of California. Uh - but not only that - uh - at
the time -- uh - she had failed numerous attempts of both - uh -- I
would say. verbally - uh - and physically by grabbing her arm to
restrain the subject. and at the time -- uh - it appeared that she?d
be -- uh - she appeared to be a threat towards uh - the of?cer 
um - by what appeared to me as - uh - throwing a closed-?st -
uh - uh -- closed-fist strike - uh - to the of?cer.

And based on what you observed - uh - did it appear as though
Of?cer Pianta used any force that you would consider to be
excessive due to the circumstances?

Uh - no, I think it was - - I think the (inaudible) I think the
force was very reasonable - uh - at the time. And certainly it uh
- it stopped - um - the subject from - uh - further - uh - striking
- not only - uh - not only himself - uh - but myself, and uh -

possibly the other of?cers and/or other in-custodies that were

 

 

 

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inside the jail at the time.
Did it appear to you at any time that that -- that Of?cer Pianta -
uh - used force with the intent to injure Ms. S-
Uh - no, I don't believe so.
And after - uh Of?cer Pianta had - uh - uh taken Ms.
S- to the ground - uh - what was his overall reaction to -
uh -- what had happened?
Uh - at the time. I believe she was - uh I believe he was
stunned - uh -- and concerned -- uh - that, you know, and - uh ..
maybe in a little bit of disbelief - uh - as a result the injur - uh -
the injury that she sustained as a result of the - uh - of the
takedown.
I believe that's all the questions I have. is there anything else that -
that - you?re aware of that would be important to me -- for me to
know for my investigation?
Uh - I don?t believe so, I think the only other thing that I?d add was
that - uh - you know, she was uh she self-claimed that she
was actually intoxicated - start of the injur -- uh
start of the incident, when she was actually sitting on the bench.
She was on the bench, she had actually - uh - stated that she
was -- that she was drunk.
Okay. All right. That?s all the questions have. I?ll end the
interview. and it is 1119 hours. (Recording Ends)

- INTERVIEW CONCLUDED -

 

 

 

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- INTERVIEW -
This is a recorded interview. The date of interview is February the
2015. The time is approximately 0816 hours. I?m Lieutenant
Lance Haight. I?m interviewing Of?cer - uh - Oakland Police
Officer Joel Hight as a witness to my administrative investigation.
Of?cer Hight, I'm not investigating you in any way, I don?t have any
allegations uh - made against you. and if I did. I would refer
those to your police department. Um - I?m in - investigating
allegations against our BART Police of?cer. Of?cer Pianta. Do you
understand that I?m interviewing you as a witness only?
Yes.
Okay - uh - this interview regards an incident that took place on
March 2014 at about 2020 hours in the evening in the Santa
Rita Jail. Uh - BART Of?cer Nolan (phonetic) Pianta was booking
a - an - arrestee by the name of Ms. - and it resulted in a
use of force at the jail, do you recall this incident?
I do.
Can you tell me what you remember about it?
Uh -- I was standing with - uh - an arrestee - uh - approximately
ten. ?fteen feet away from uh - Of?cer 
Pianta.
- Pianta and - um - I observed the - uh - subject was uh --
very intoxicated. She - um -- while he was trying to get her
booked into the jail, she - uh - removed uh - as typical - um -
booking procedures. that - uh - she had to remove any loose
articles, hairbands um - and in the process of -- uh - Of?cer
Pianta - uh - giving those instructions, she turned around and

threw what appeared to be a hairband at him. Urn - following by.

 

 

 

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she then started to go through her -- uh - purse when Of?cer
Pianta -- um -- advised her not to. he grabbed her and restrained
her arm in a in a -- bent wrist. Um - he then told her to get her
hand out of the purse -- uh -- she started to become more
uncooperative. Uh -- from what I observed. she tried to ball up her
-- a - a ?st and punch at -- at him. There was another OPD of?cer
who was noticing the tension between them, as he was beginning
to approach over to them - uh -- I don't know if she was in the
process of swinging. but Officer Pianta -- uh -- took her to -- down
to the ground with a leg sweep -- uh -- to gain control over - uh -
once she was detained in handcuffs -- um -- we got medical -- uh --
for her, because the leg sweep - uh -- resulted in her body hitting
the ground pretty hard. I believe she lost consciousness.

So, based on what you saw -- uh -- was Officer Pianta was he
justi?ed in using force?

Uh -- yeah. in my perspective. yes.

And what was that based on?

The amount of non-compliance that she was displaying, she was --
uh -- trying to use force against him. Like, she was trying to
become combative. so - uh - in his estimate, from what my
perspective was to (inaudible) the leg sweep takedown to get her
into handcuffs was appropriate in my opinion.

Did you witness Officer Pianta uh -- use any force that you would
consider to be excessive under the circumstances?

No. I mean. the -- uh the bent wrist obviously did not appear to
be getting her into compliance um -- it appeared that any kind of
use of force -- uh -- would be consistent with gaining compliance

over the situation would have been the leg sweep. just to get her

 

 

 

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down to the ground so - uh -- he could properly get her into
handcuffs.

Uh - did it appear to you the -- as though Of?cer Pianta was - uh
- intentionally trying to injure Ms. I

Not at all. His demeanor appeared to be very relaxed. but - uh 
as she started to become more escalated - um - he didn't appear
to be overly aggressive, he just appeared to be kind of reactive,
based off his training. I can imagine that -- force. and arrest and control procedures that we?re
taught. that - uh - the best position to uh - place somebody in
handcuffs is on the ground.

And can you just - uh - further elaborate on Ms. - uh -
-s demeanor uh - throughout the time that you
observed her? What was she - how was she acting?

Um - very sarcastic, very -- um - she appeared to be very
intoxicated, she .. um she didn?t seem like it was appropriate for
her to in - uh to be booked into jail. Um -- I don?t know what the
charges were for her to be booked in, but -- uh she kind of
appealed that she's not a criminal. that she doesn?t deserve this -
um - so she didn't appear to be realizing that -- the - the - the
reali the -- uh - what?s the word I?m looking for? The reality of
the situation that uh - that she was going to be booked into jail.
Okay. That's all the questions I have -- uh - is there anything else
that would be important to me for know - for me to know for my
investigation that you're aware of?

No.

Okay, we'll end the interview. and it is approximately uh - 0821

hours. (Recording Ends)

 

 

 

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1; 953d

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BA Police Department CASE 

Arrest

 


Cnme 800 Madison Street. PO Box 12688 1403-2632
Noncmma) Oakland. CA 94004-2088 PAGE
Supplemental Report 1 0' 3
(8) Mint"!
69 ObstrucUResist Executive Of?cer; Fel. 243 (8) Battery 0n Peace Of?cerlEmergency PersonnellEtc; Misd.

148 Williully Resists Delays, or Obstructs Public, Peace Of?cer; 243 (8) Battery 0n Peace Off cerlEmergency Personnel/Etc; Misd.
148 Willfully Resists, Delays, or Obstructs Public Peace Off cer 647 (0 Disorderly Conduct: Intoxicated' in Public; Misd.

 

 

 

mu Iimr. AND DAY or DATI: AND llf?IE REPORTED

03117114 13' 34 Monday 03117114 18. 34

OF NAMII 7' or storm
11 1

800 Madison St, O-akland 02- -Pald LMA- LAKE MERRITT ADMN BLDG

 

 

t, ASE: 
See supplemental report.

i 
Codes: 8 Suspect A Arrestee Detainee SV - SuspecWictim AV - ArresteeNictim DV - DetaineeNictim

 

 

 

 

 

 

 
 

 

 

 

 

 

CCUE uwz Misc 5' 33,0551
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NARHAI NE:


MVR 116 ETM, LMA

On 03/17/14 at a roximately 2006 hours, while working beat 1810 in full police uniform, I
transported MiDS-to the Santa Rita Jail for violations of 148(a)(1) PC, willfully
resist, obstruct, delay a peace officer; PC, battery on a peace officer: and 647(f) PC,
drunk in public.

 

Upon arrival to the jail, 8- said something to the effect that she urinated in the back of
the patrol car. I shined my flashlight in the back ofthe car and saw a liquid substance on the
floor of the backseat, which I believed to be urine. I asked her if she urinated in the patrol
vehicle which she said she did.

I had S-step out of the vehicle and escorted her towards the entrance of the jail.
8- said, "Ya, I have a lot of pee on me. You want some?" She attempted to press her
butt up against my leg while I was escorting her, in an attempt to wipe urine from her pants
onto my pants. I was able to lock my arm out while holding her arm and because of that,
she was unsuccessful in her attempt.

Once inside of the jail I had 8- sit down on the bench in the processing area.

 

 

 

 

 

 

 

 

 

 

 

ADMINISTRATION
.I or. U5 I'cu'lts It.
"0 I f: ppnann-g 
(0'01?an CATFITIME APPROVED BY DATE 13
N. Pianta 061709 03l1812014 03:27 Steven Szopinski 061214 03118114
on army?7 ?7 7 LNIYSSHIFY assmeo'o CASE sums 
Closed

 

 

 

 

 

.\:olim i?itmlu APDC (Rev. 03 5 10? Prim 03193 09 (H 30?

 

 

 

 

 

 

 

Mast BART Police Department CASE 
Crime 79* 800 Madison Street. PO Box 12688 1403-2532
Oakland. CA 94604-2688 met
A Supplemental Report 2 OF 3
rcuscs: cor". a
69 ObstrucUResist Executive Of?cer; Fel. 243 (8) PC: Battery On Peace OfficerlEmergency PersonnellEtc; Misd.

148 PC: Resists. Delays. or Obstructs Public. Peace Of?cer; 243 (B) Battery 0n Peace Of?cerlEmergency PersonnelIEtc; Misd.
148 lA)(1) Resists. Delays. or Obstructs Public, Peace Of?cer; I 647 Disorderly in Public; Misd.

 

 

oatE, fume AND ow or 7 drift: AND TIME REPORTED
03!17l14 18:34 Monday 03I17l14 18:34
c-r LOCATION 7 TYPE OF LOCATION
800 Madison St, Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG
CASE SUMMARY 
See supplemental report.

 

 

SECTOR
1

tiff/H
11

 

 

 

 

 

 

 

 

NARRATIVE 

S_complied. I turned off my MVR and began exchanging paperwork with a jail deputy
who was at the counter behind the lass. I gave the jail deputy the booking sheet which
contained all charges against The deputy asked me to have 8- approach
the window so that she could talk with her.

 

S-approached the window. The deputy instructed me to take the handcuffs off of
8 so she could take off her jewelry and place it with her pro ert . _8 purse
which contained her personal items was on the counter next to 

earrings out of her ears and relinquished them to the deputy. 8- had a hair tie that
she was placing in her hair. I told her that jail staff would not let her into jail with the hair tie.
removed the hair tie from her hair, turned towards me, and threw it at me striking
my hat which I was wearing on my head. I said to her, "Really?" She turned away from me
and began looking through her purse which was on the counter. I ordered her to stop and I
attempted to remove the purse from her reach. Once I grabbed the purse, 3-
grabbed it and attempted to pull it away from me. continually ordered her to "Let go" She
did not comply. S-began screaming and swearing at me. I grabbed on to S_?s
left arm and placed her in an arm bar control hold in order to gain compliance. Oakland
Police Of?cer M. Stolzman grabbed the purse and removed it from her grasp.

S_compliant at that point so I removed the handcuffs from her. S-took her

While I had S-in a control hold, she began pulling away from me. I pushed her up
against the counter in order to gain better control of her. She suddenly turned towards me
and began violently punching with a closed fist at my face. Her strikes appeared as though
they were missing my face by inches. I ordered her to get on the ground and she continued
her assaultive behavior of attempting to strike me in the face. To protect myself from her
attack and to stop her attack on me, I used an armbar take down and guided her to the
ground. Upon guiding her to the ground she landed on her face and appeared to go
unconscious. Moments later blood pooled onto the floor coming from her facial area. I
placed her in the recovery position. Oakland police of?cers who were present summoned

 

 

 

 

 

 

 

TRA TION
.uow u: comes PROBATION 1 I 01"th
Eel-rich} CATEITIME - Rimmed-m .. 
N. Pianta 061709 03l18l2014 03:27 Steven Szopinski 061214 03l18l14
A X's?isuso'o 
I Closed

 

 

 

 

 

 

Nolan Pianta APDC lRu?fORr?S/lm Print 

 

 

 

 

 

 

 

Arrest BA Police Department ICASE 1?
Crime L?l 801) Madison Street. PO Box l2688 1403'2532
I Non-Criminal 1 Oakland. CA 94604-2688 ivace - 
Supplemental Report 3 0' 3 1
. ?sues: OFFENSES) cont-1 i
59 PC: Obstructhesisl Executive Of?cer; Fel. 243 (8) PC: Battery On Peace O?icerlEmergency PersonneiiEtc; Misd. I

148 (Alli) Resists. Delays, or Obstructs Public. Peace Of?cer;  243 (B) Battery On Peace Of?cerlEmergency PersonneliEtc; Misd.
148 Williully Resists, Delays, or Obstructs Public, Peace Of?cer;l 647 Disorderly in Public; Misd.

 

 

 

 

 

 

 

 

one, ?ock? or OCCURENCE DATE AND TIME REFORM-.1)
03117114 18:34 Monday 03117114 18:34

LOCATION occum Rice Mira?(3r BEAT sr-?cron
800 Madison St, Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG 11 1

 

CASE SUMMARY
See supplemental report.

 

 



jail medical staff to provide aid to the suspect.

 

While jail medical staff was rendering aid to S-she began resisting staff and not
following their orders. I helped deputied place her into handcuffs.

Via radio I advised dispatch to have medical respond to my location code 3. I also advised
dispatch to have Sergeant Szopinski #821 respond for a use of force.

Alameda County Fire Engine #17 and Paramedics Plus #5290 responded and provided
medical aid.

 

 

Paramedics Plus #5290 transported S- to Eden Hospital. I followed paramedics
there in my patrol vehicle. Sergeant Szopinski met me at the hospital.

 

I stood by with S- in the emergency room while medical staff treated her. Shortly after
Of?cer Ross relieved me.

Witnesses to the incident consisted of three Oakland Police Officers, Officer Stolzman
#8576, Ofc, Phillips #8903, and Ofc. Carter #8702. Also Santa Rita Medical staff M.
Buckhout #444.

 

S-when released from the hospital will be booked at Santa Rita Jail.

1 additionally charged _with 69 PC, obstruct resist an executive of?cer; 148(a)(1)
PC, willfully resist, obstruct, delay a peace officer; 243(8) PC Battery on a peace officer.

 

 

 

 

 

 

 

"h ADMINISTRATION
ircvus coo-w s-muu-cw 37~5= 
gait-13}: MW 7 isms 
N. Pianta 061709 0311812014 03:27 Steven Szopinski 061214 03118114
on 7 A, [case status
Closed

 

 

 

 

 

 

 

 

(Rev. 0315.101 

 

 

 

 

Arrest BAR Police Department 
Crime [3 800 Madison Street, PO Box l2688 1403-2632

Oakland. CA 94604-2688 
Non-Criminal 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

wFF'E??s'at'sr 
69 ObstrucUResist Executive Of?cer; Fel. 243 (8) Battery On Peace Of?cerlEmergency Personnel1Etc; Mlsd.
148 Willfully Resists, Delays, or Obstructs Public, Peace Of?ce 647 (1) Disorderly in Public; Misd.
DATE TIME AND Did 0? AND TIME NCRECHAQGES LL'bb \??Lbk
03117114 18:34 Monday 03117114 18:34 VES P-0 0.00
. -O-CATICN o: occsnenx [ounces mm. WPE 3: [05.11.02 SECYCR
800 Madison St. Oakland - 02 - - Paid LMA- LAKE MERRITT ADMN BLDG 11 1
. 
PERSONS 
Codes: Victim Witness Complainant Parent Guardian Party 0 Other ?sf "o -
ZCEE NAME MIDDLE SWFIX 
1 cc 1 California, State of
i RACE $SYATF 53.- :?uuz as ACSFESS 3 wow. 3
2:05" 3.41.15 LAST FIRST mom: 
UL
RACE SEA ACE DOE 7 PNONF 7
3L INJLRES ACDFESS 3 PHONE. 3
some HasnF?tir. mom. 1 - 7-- 
or I
RACL [)Oll ACDFESSZ PHONL 2
0L INJURIES 3
CASE SUMMARY VEHICLE INFORMATION
SUMMARY
Contact an intoxicated subject on the platform at LMA. Subject thought she was in San Francisco. During the detention, subject became upset and
pushed on my duty belt While attempting to handcuff her. she became resistive and kicked an etc. In the face. 
USEDIN CRIME (NO ANIJ sure) YEAR MODEL 803v rwe COLOR VIN 7 
(FF, N0 LINK or VIP. no 
TOW REPS-RI GARAGE. NAML AND PHONE IREGISTERED OWNER ADDRESS
YES NO
MORE NAMES
YES 1 No 
Codes: Suspect A Arrestee Detainee SV- SuspecWictim AV - ArresteeNIctim DV- DetaineeNictim 1 
300E NAME - LASY FIRST. RESIDENCE PHONEM-J- 
RACE SEA NT VIT HAIR EVE AGE. DOD l?lthE. 3

QCCUPH 0'1 ADSFESSB ONO-NE 3
TSCAES mums rev-:35 an,? asros TlC-?i RELEASE 2w Cut. mar 
YES 9-: 4Felony Santa Rita Jail 0311712014! 20320 1
a 03310.3 1 mama-n ammo-4 a ?r
nuance(1): 647 (1) PC (1) 1

30:5 HAVE .ASY FRSY your; Su=1ix nag-153' j?
3? 
RACE SEX tt' HAIR AGE 2CD ACOCESSZ 2 
ADDRESS 3 3 
SCARS TATTOOS AKA ARRESTEE RELEASE: .OCAYICH .- I
YES 53
CL ARRESYED WARRANT 
YES NO YES NO
CHARGES.

ADMINISTRA TION 
DESIRES PROSECUTION F01 LOW-UP COMES TC 
YES NO YES NO PAT Dr's COURT PROBATION 
BY (JAILHIML APPROVED BY . 0AM: 
B. Trabanino 061462 03118114 02:09 Steven 061214 03118114
OFFICER 'mrr:snrn ASSIGNED TO GTMUS
Closed

 

 

 

 

 

 

by: Bryan ?l'rzihunmo - A - 7 7 A 7 Al?lX? (Rev til/2111121 

 

 

 

 

 

 

Arrest 1? BA RT Police Department CASE 1?
. 800 Madison Street. PO Box 12688 1403-2632
Crime Oakland. 94604-2688
Non-Criminal . Page 1 of3
Narratlve Report

69 ObstrucUResist Executive Officer; Fel. 647(1) Disorderly in Public; Misd.

148 Resists, Delays, or Obstructs Public, Peace Of?cer; 
243 (8) Battery 0n Peace M_isvd.'

 

 

DAY OF AHO 

03117114 18:34 Monday [03117114 18:34

 

Ct NAME OF LOCATION IBEAT SECTSR

800 Madison St, Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG i 11 1

 

 

 

NARRATIVE

Participating Of?cers: Lt. Coontz Sgt. Szopinski #821, Officer Carrasco #267, Of?cer
Pianta #116

 

On Monday, 03/17/2014. at about 1834 HRS. I was at the Lake Merritt BART Station working
patrol in full police uniform. I had ?nished with a medical call on the same platform when an
unknown BART employee notified me of an intoxicated subject, later identi?ed as M-
8- who was sitting on a bench nearby. noti?ed BART PD Dispatch that was ?nished
with the medical detail and would be out with an intoxicated subject on the platform.

As I approached S- I noticed she was sitting down and had her face down, resting, on
a bag on her lap. I touched _0n the shoulder in attempts to wake her up and told
her "Ma'am BART Police". S_was unresponsive, I placed my fingers on her neck to
Ldetermine if she had a pulse. S-woke up and raised her head and began muttering
words, with a thick and slurred speech,

and at times very difficult to understand. Upon further observation, I saw 8- had
bloodshot watery es and she was emitting a strong odor of an alcoholic beverage from her
person. I asked Shim her identification and she reached into her purse to retrieve it.
She was having difficulty attempting to locate her identification. While attempting to retrieve
her identification, I asked her "Do you know where your at ri ht now"? S_responded
something to the effect of "I'm at Powell, or Montgomery". asked somethin to the
effect of "Can I go home"? Based on 8-3 level of intoxication, determined SE
was unable to care for her own safety.

During the detention, S- started become verbally argumentative and upset. 8-
said something to the effect of "Give me my fucking I told her I was attempting to verify
who she was. She then said something to the effect of "I'm actually a terrorist, so if you want
to call the cops this would be good time to do that". asked how much she had to
drink tonight, she replied something to the effect of had like 4 shots". S_said
something to the effect of "If you want to arrest me, arrest me".

Sheehan handed me her California Driver License. A check of the automated records system
revealed she was clear of any wants or warrants.

J2

 

ADMINISTRATION

 

EV ICATL DESY DATE 

B.Trabanino 061462 03/18/2014 02:09 Steven Szopinski 061214 03118114

 

 

 

 

 

 

R33 '0 1CASE 

 

 

 

Closed

 

 

 

 

. 

'l?ru'nzt OM46: Entered 'l'ralmninn Page I of}

 

(Rex. 031710) Print Date: 0904 2014' 

 

 

 

BARTPolice Department CASE 

 

 

 

 

 

Arrest . . .
c. 800 Madison Street, PO Box 12688 1403-2632
?me Oakland. CA 94604-2688 
Non-Criminal Lj I . Page 2 of3
A- Narrative Report

69 ObstrucUResist Executive Of?cer; Fat. 647 Disorderly in Public; Misd.

148 Willtully Resists, Delays, or Obstructs Public, Peace Of?cer; 
. 243 (B) Battery 0n Peace Of?ccrfEmgrgency Personnel/Etc; Misd.

on: '2er AM) on c: occu=Fm= Era?rs awn mu 

 

 

 

 

 

 

 

 

 

 

03117!? 18:34 Monday 03?17/14 18234
CF -7 NAMI 7 TYPE OF .383 
800 Madison St, Oakland - 02- - Paid LMA- LAKE MERRITT ADMN BLDG I 11 1

 

 

NARRATIVE

S_kept reaching into her bag, and I told her to leave it. Based on my training and
experience, suspects are known to carry weapons which are easily accessible in their bags. I
put 8. bags out of her reach. S_then said something to the effect "There is a
needle that will prick you". She then lifted her right hand and said something to the effect of
"Your doing such a good job". As she lifted her right hand, she placed it near my magazine
holder on my duty belt, which I was wearing, and pushed me. I told do that,
don't touch me". I attempted by her left arm so I could place her in handcuffs to
prevent further resistance. Wensed up and attempted to break away from my hold by
pushing away from me. Officer Carrasco arrived at the scene and assisted me with gaining
control of S- For our safety and hers, we drove _to the ground. While on the
ground I yelled out, multiple times. "Stop resisting"! S- was kicking her feet towards us
while we attempted to gain control of her. Of?cer Carrasco took control of 8. right
Imarm and hand and I was able to gain control of 8-5 left arm and hand. After gaining
:ontrol of her hands, we were able to secure her in handcuffs. I handcuffed 8-,
checked for proper and double locked them. (Refer to Of?cer Carrasco?s report for further
information).

 

As we walked 8- towards the escalator, she dropped her weight, spread her feet apart
. and yelled something to the effect of "I'm not going up stairs, fuck no"! In order to gain
I compliance, I applied a rear wrist lock, while she was handcuffed, and escorted up the
escalator. When we reached the concourse level, I transitioned to a control hold of her arm
without using pain compliance. After walking for a few seconds, she dropped her weight
again, spread her feet and resisted being taken any further. I applied the rear wrist lock again
to gain compliance. After walking through the double doors that lead to the holding cell, she
dropped to the floor. Lt. Coontz assisted 8? up to her feet, by grabbing her left arm, in
order to escort her to the holding cell. While in the holdin cell, S_slipped out of her
handcuffs. Officer Carrasco placed handcuffs on a second time.

Sgt. Szopinski arrived at the scene to approve the arrest and debrief 8-. Sgt. Szopinski
also conducted the use of force investigation.

Officer Pianta transiorted 8- to the Santa Rita Jail for booking. It was later brought to
my attention that became resistive at the jail towards the transporting officer. (Refer

JR

 

 

 

 

ADMINIS TRA TI ON
GER Ar?l?hovED
B. Trabanino 051462 03,1812014 02209 Steven Szopinski 061214 I 03118114
arr-:5: I- W- r' Ass met) '0 A 5*?v5

 

 

 

I I I I I Closed

 

 

 

by: Bryan 'l?ruhzmim)

rm?czum Al?lX? 

 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

 

 

 

. 
Arrest BAR Police Department {?155 
800 Madison Street. PO Box 12688 a 4034532
I . Oakland. CA 94604-2688 
Non-Criminal :1 . Page 30f3
Narrative Report
NSEIS) - cont'd 
69 ObstrucUReslst Executive Of?cer; Fel. 647 (0 Disorderly in Public; Misd.
148 Willfully Resists, Delays, or Obstructs Public. Peace Officer; 
243 (B) Battery 0n Peace Of?cerlEmergency PersonneliEtc; Misd.
3AY CF AHC REPCRTEC
03I17l14 18:34 Monday 03l17i14 18:34
?1 0-. cc OCCURENCE 7 -7 ?Aide were or SECTOR
800 Madison St, Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG 11 1
NARRATIVE

to Officer Pianta's report for further information)

8-8 bag was booked into evidence locker #9 at the Lake Merritt BART Police
Substation for safekeeping. S-was also issued a 30-day prohibition order.

This event was captured using my department issued MVR and uploaded to the ETM at the
Lake Merritt BART Station.

 

 

 

 

 

 


Ah
ADMINISTRATION
8V OFFICER DAYEFIME APPROVED BY OAYE APPROVED
B. Trabanino 061462 03(18i2014 02:09 Steven 061214 03i18114
winsHiFT ASSIGNCU 10 cm: auras
Closed

 

 

 

 

 

 

 

 

'lirnha 07671462 lin'atnTrabanino Page 3 01'3 APDC (Rev. 031710) Print Date: 09 0420?

 

 

 

 

 

 

 

 

 

 

 

0 CASE 
Mes, BA Poltce Department
Crime LJ 300 Madison Strucl, PO Box l2688 1493-2532
Non-Criminal Oakland. CA 94604-2688 "Mil
h? Supplemental Report 1 0' 2
-I OFFENSIIS) conl'd
148 Willtully Resists, Delays, or Obstructs Public, Peace Officer; I
243 (8) Battery On Peace Of?cerlEmergency PersonnellEtc; Misd.
647 if) Disorderly Conduct:lntoxicaied in Public; Misd.
DATE. TIME AND DAY OF OCCLRENCF. AND Ll) 
03l17114 18:34 Monday 03l17l14 18:34
o= OCCURENCE LOCATION Mt: or Emmi [Si crow
800 Madison St, Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG 11 1

CASE SUMMARY
See supplemental report.

 

 

NARRATIVE

MVR: R. Carrasco #268

Narrative:

 

On 03/17/14, at about 1834 hours, I was on full uniformed patrol working beat 14. I
responded, as cover, to assist Of?cer Trabanino #102. on a call of a possible intoxicated
person at the Lake Merrit BART Station.

Upon my arrival. I made my way towards the south end of the platforms. CSO Rosete
and 080 Shah were at the scene. As I got closer to Of?cer Trabanino's
location, I saw the suspect, later identi?ed as sitting down
on a bench. S_suddenly pushed Of?cer ra anino, on his duty belt, using her right
hand. Of?cer Trabanino grabbed S- by her left arm'became resistive and
attempted to break away from O?ic?nino's hold. 8 egan to push away from
Of?cer Trabanino. I then grabbed by her right arm. Officer Trabanino and I took
8- to the round using a modi?ed arm bar take down. As Of?cer Trabanino placed
handcuffs on Si, she began to kick her feet towards me and Officer Trabanino.
S- struck my left shoulder and the left side of my face with her feet. Of?cer Trabanino
to? multiple times to stop resisting. Of?cer Trabanino was able to handcuff

(Refer to Of?cer Trabanino's report for further details.) S_displayed signs
of intoxication. 8- had a strong odor of an alcoholic beverage emanating from her
person. 8- spoke with a slurred speech. 8- had bloodshot and watery eyes.

Lt. Coontz arrived at the scene. As Of?cer Trabanino and I escorted S- to the
escalator that leads to the concourse level, S_stopped and refused to walk any
further. 8- spread her feet out and dropped her weight to the ground and said. No,
l'm not going upstairs, fuck no, fuck I grabbed S_by her upper right arm
(Underneath her arm pit) using my left hand. I then grabbed her lower right arm, near her
elbow, using my right hand. I then pushed up with my left hand. We were then able to escort
S-into the Lake Merritt BART Police sub station holding cell to be processed for

 

 

 

 

 

 

 

 

 

 

 

ADMINISTRATION
up teamscsuq? L: sir-Lu
.. I I - ?yn lax?rt. Ewes-.12..)
R. Carrasco 051531 I 03l18l2014 02233 Steven Szopinski 061214 03l18l14
Eli's: ?0 - [7.517va ASSIGNED 73?? 
(Rev 0351 Print Date: 00m 2014'

Supp-l-Carm l)()l63l littered Rcymido (?urrusco

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

. CASE 
Arrest BAR Police Department
Crime see Madison Street, PO Ism- I 2688 1403-2532
Non_grimin'al [3 Oakland. CA 94604-2633 Ire?(F? 
Supplemental Report 2 "i 2
. cont'd
143 Resists, Delays, or Ohstructs Public. Peace foicer: 
2413 Battery [In Peace {'inieeriEmergenoyII PersonneliEto; Misd.
Ed? Disorderly in Public; Misc].
DATE. TIME AND DAY OF OCCLRENCE um new IIMI p?I?Izo 
03.117114 13:34 Monday 0317.114 18:34
LOCATION or OCCURENCE LOCATION NAME Wilt: in! 
300 Madison St, Oakland - DZ - - Paid LMA - LAKE MERRITT ADMN BLDG I 11 1
CASE summer I -
See supplemental report.
NARRATIVE 
booking.
This concluded my involvement in this case. Nothing further.



ADMINIS TRA TION
CUP-ES '0
#53 NC p? [Leer DA com". I ?Rogers? wear? 
E?r? HE . ADPRGUED EH - - ?ier-W!" I:
R.Carrasoo 061531 03i13i2014 02:33 Steven Szopinski {351214 I 03i13i14
I SFFCER Uh _3Ti I .. - - I 
i 

 

 

 

 

 

lintered by: Reytultlu Carrusco - 1 . - -- - AFDC ?riltl 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

Mes, BART Police Department
Crime 7. 800 Madison Street. PO Box  2688 1403-2532
Nonamma. -: Oakland. CA 94604-2688 1w
Supplemental Report i 1 0' 2
:?nnl'rl
148 (Alli) Willfully Resists. Delays. or Obstructs Public, Peace Of?cer; I
243 (B) Battery On Peace OfficerlEmergency PersonnellEtc; Misd.
647 Disorderly in Public; Misd.
BEE i AND TIME REFORM 
03l17l14 18:34 Monday 03l17l14 18:34
LOCATION OF OCCURENCE 7 7? NAME ?7 ?wr once/lilo? ?mm core
800 Madison St, Oakland - 02 - Paid LMA - LAKE MERRITT ADMN BLDG 11 i 1
CASE SUMMARY 
At LMA, I observed the suspect assault the primary of?cer and struggle with both the officer and cover on platform 

Codes: Suspect A Arrestee Detainee SV - SuspecWictim AV - ArresteeNictim DV - DetaineeNictim
CODE HAVE - PIQST CCLE i 
A 10.1 
race sex - - '1 ixoceessz 7 7 
occur-tn A i Increase?1 A - omens .1
3 - -1 A, .CCAT 0?6 7 .534?! 17"? 
YES El :l 4-Felony Santa Rita Jail 03/17l2014l 20:20

.
33- cm:

.. STATE ARRESTED i WARRANT CITATICHI

i I A x]
. Mia. 31ng [res 



647(1) PC 

 

 



A:

On Monday 03/17/2014, approximately 1830 hours, was patrolling the Lake Merritt BART
Station. Officer B. Trabanino #102 reported that he was on platform #2 at Lake Merritt
BART with a subject who was possibly publicly intoxicated-647(f) PC. I arrived on scene
and observed Of?cer Trabanino talking with th hrough her

California Driver License as M- on the north side
platform bench.

 
 

Of?cer Trabanino was calmly talking to 8- who was very agitated and confrontational.
Within 8- general vicinity was a large grey and black duffle bag and a black purse.
During the contact, 8- would grab on to the bags and reach inside of them. Officer
Trabanino told S_to not take the bags approximately 3 times. Officer Trabanino
explained to S-hat he did not know what was inside the bags and explained that
8- would have her bags returned to her. During this time, 8-stated that she
was a possible "terrorist" and that she had a needle in her purse. S_took the purse
and proceeded to put her hands inside of it. Of?cer Trabanino took possession of the purse
and S-ecame more aggravated. During this time, began to yell at Of?cer
Trabanino and she placed her right hand onto Of?cer Trabanino's duty belt.

Of?cer Trabanino gently raised S-from the bench to place her into his handcuffs.

 

 

 

 

 

 

 

 

 

 

ADMINISTRATION
?v?/pitb 
?0 p?h" L: Ful?l-2' Toni-1' i 
ax crrics?u 71v: ?peril/E riv A 7 7 7 Hut :?l'l?Hwa 1
J. Rosete 061015 03117/2014 19157 Steven Szopinski 061214 03118114
i c=l= - - 7 
Closed

 

 

 

Supp-l-Rosctb-(w1015 .lcll?crmn Rosctc

Amt? menus-3710. ?Prim 

 

 

 

 

 

 

 

 

 

. CASE 
Arms. Cl BA Police Department
Crime 800 Madison Street. PO Box 12688 1403-2532

Non.Criminal ()ilkliilld. PAGE
Supplemental Report 2 0? 2
Of 3 NSHS) :ont?d
148 Williully Resists, Delays, or Obstructs Public, Peace Of?cer;l
i 243 (B) Battery 0n Peace Of?cerlEmergency PersonneliEtc; Misd.
647 Disorderly in Public; Misd.
DATE TIME DAY CF OCCURENCE DATE AND rim; REPORTED 
03l17l14 18:34 Monday 03l17l14 18:34 i
OF OCCURENCE ?it LCCATION r4700? TYPE OF LOCATION eem secron
800 Madison St, Oakland - 02 . - Paid LMA - LAKE MERRITT ADMN BLDG 11 1

 

 

 

 

CASE SUMMARY
At LMA, I observed the suspect assault the primary of?cer and struggle with both the of?cer and cover on platform 

 

 

NARRAYIVE

S- began to resist by ?ailing her arms. Of?cer R. Carrasco #268 arrived on scene to
assist with the arrest. Of?cer Trabanino and Carrasco struggled with 8 nd all three
fell to the ground. While on the ground, 8?became more resistive and she began to
flail her legs and shoulders. Of?cer Trabanino was having dif?culty restraining in
handcuffs. I observed Of?cer Trabanino yell out "stop resisting" approximately 4 times.

Of?cer Trabanino and Carrasco placed S-in handcuffs and began to transport her to
the Lake Merritt Police holding cell. transported S-s large duffle bag and purse to

 

 

 

 

 

 

 

 

the Lake Merritt Police Office.
No further actions taken.

ADMINISTRATION
7C
?55 "3 2  cocn' vuoum on [3 0mm
erorncah (Sumner care APPFOVED
J. Rosete 061015 03lt7l2014 19:57 Steven Szopinski 061214 03lt8l14
o=r::ER margin: 7 733314?) to I - case SfATus
Closed

 

 

 

 

 

 

 

by: Jctibr>or1 Rosete

AFDC (Rev. Vijriinl Date:09 O-l'ZOl-l

 

 

 

 

 

 

 

 

 


Mes] BA Polrce Department
Crime 13? 800 Madison Street. PO Box 12688 1403-2532
Non-Criminal I: Oakland. CA 94604-2688 

.. Supplemental Report 5 1 0' 2
OF (S) cont?!
148 Willfully Resists, Delays. or Obstructs Public, Peace Of?cer; I
243 (8) Battery On Peace Of?cerlEmergency PersonnellEtc; Misd.
. 647 Disorderly in Public; Misd.
DATE TIME Ako DAY OF oscuaENCE [JAlt- AND TIME II l) 
03117114 18:34 Monday 03/17/14 18: 34
LOCATION OF OCCURENCE fcmt?Jlu?N-Akii I - lYl?l or BEAI SECTORA
800 Madison St, Oakland - 02- - Paid LMA- LAKE MERRITT ADMN BLDG 11 1

 

 

 

 

CASE SUMMARY

0n 03117114 I was patrolling Lake Merritt BART station when Of?cer Trabanino took SHEEHAN, Megan into custody for 647 148 243 (B).


Codes: Suspect Arrestee Detainee SV- SuspecWictim AV- ArresteeNictim DV- DetaineeNictim

51

 

233E inane? meme 03/17/2014 at approximately 1830 hours, I was patrolling Lake Merritt BART Station with
CSO Rosete when I heard Of?cer 8. Trabanino #102 make contact with someone who
appeared to have been drinking a possible 647 on platform 2. Upon approaching the
area, I noticed Of?cer Trabanino speaking to a woman who was seated on the concrete

bench between the two platforms. She was identi?ed as S- 

S_appeared to be intoxicated and speaking loudly and rudely to Officer Trabanino.
Sqalso seemed confused about what station she was in because she seemed

sur rise when Officer Trabanino told her that she was at Lake Merritt Station in Oakland.
8 stated that she was at "Powell Ave". Officer Trabanino asked her how much she

ha and S_stated that she had 4 shots.

  
 
 
 

 

Officer Trabanino was attempting to conduct a records check through dispatch. S-
kept reaching into her black and grey duffel bag and black purse that was on the bench
beside her. Officer Trabanino asked her several times politely to not reach in the bag and
moved the bag away. Officer Trabanino explained that he did not know what she could
have in the bags. She stated in summary during the interaction that she was a "terrorist".
also stated that she had a needle in her bag that could hurt him. 8

      

 

 

 

 

 

 


"53 ?0 7] PM [)I'Itcumou 0mm
7 47 Imv I?m?
A. Shah 051937 0311712014 21. 26 Keith Justice 55350 03117114
crzicrn t. if. snicr :srcquIo 
I Closed

 

 

 

[flu?ca-Bgixlis?yuh Shah (Rev. 'I?rim 

 

 

 

 

 

 

 

 

 

 

 

. CASE 
Amt Cl BART Polrce Department
Crime 800 Madison Street. PO Box l2688 1403-2532
Non-Criminal Oakland. CA 94004-2688 arc}?? 
Supplemental Report 2 0' 2
cont'd
148 iA)(1) Williully Resists, Delays, or Obstructs Public, Peace Of?cer; I
.f 243 (B) PC: Battery 0n Peace Of?cerlEmergency PersonnellEtc; Misd.
647 if) Disorderly Conduct2lntoxicated in Public; Misd.
DATE TIME AND DAY CF OCCURENCE - bit}: AND?rift {sacrum 
0317114 18:34 Monday 03l17l14 18234
IOCATIOIN 0F OCCURENCE rYP?or Locmron lit Al 
I 800 Madison St, Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG 11

 

 

 

 

CASE SUMMARY
0n 03l17l14 I was patrolling Lake Merritt BART station when Of?cer Trabanino took SHEEHAN, Megan into custody for 647 148 243 (B).

NARRATIVE

then told Officer Trabanino that he was "so fucking stupid" and raised her hand and struck
him in the area of his duty belt directly over his spare duty weapon magazines.

Of?cer Trabanino asked her not to touch him and reached fr right arm to raise
her from her seated position while asking her to stand up. 8 an to ull away
from Of?cer Trabanino when he tried to help her to a standing position. Sibegan to
flail around and resist Of?cer Trabanino's attempt to handcuff her. 8 kept yelling
"Don't fucking touch me" repeatedly. Of?cer R. Carrasco #268 was walking towards Of?cer
Trabanino and and immediately helped Of?cer Trabanino. Officer Trabanino,

Of?cer Carrasco and fell to the ground. Officer Trabanino was ellin "stop

resisting" repeatedly and made several attempts to place his handcuffs on Si

wrists while she twisted away her hands repeatedl . S_kept flailing her legs and

rocking up on her shoulders. At one point S?struck Of?cer Carrasco in the face

with the bottom of her right sandal when the Of?cers were attempting to get her on her
stomach to handcuff her.

1 




 
   
 

 

 
 
 
 

 

5 Of?cer Trabanino was able to place handcuffs on S_and doubled locked them.
Of?cer Trabanino and Of?cer Carrasco lifted a standin osition and began 
escorting her to the holding cell at Lake Merritt police station. continued to yell 
and ?ail while dragging her feet while the Of?cers escorted her from the platform to the 
concourse and into the police station. (Please refer to Of?cer Trabanino's report for further)

 

 

 

 

 

 

 

 

 

ADMINISTRATION
?couv.? I: emuff?m?c'fl I)
A. a 06193? 03l1712014 21:26 Keith Justice 55360 03117114
ctr-1:52 0-. ass GNED 'o CASE 
Closed

 

 

 

 

 

Aliyyilt Shah 7' Al?iX? ?it?iitiijtitti: (Mu-2014?

 

 

 

 

 

 

 

 

 

- CASE 
Arrest ,3 BART Police Department
Crime C1 800 Madison Street, PO Box l2688 1403-2632
I OZlkland. CA 94604-2688 PAGE
'1 Evidence Supplemental 1 OF 1
OFFENSHS) :onl'd
69 ObstructiResist Executive Of?cer; Fel. 647(1) Disorderly in Public: Misd.
148 Willfully Resists, Delays, or Obstructs Public. Peace Of?cer; 
243 (B) Battery 0n Peace Of?cerlEmergency PersonneliEtc; Misd.
DATE TIME AND DAY OF OCCURENCE DATE AND TIME REPORTED
03117114 18:34 Monday 03117114 18:34
LOCATION OF OCCURENCE LOCATION NAME TYPE 01: LOCATION BEAT SECTOR 
800 Madison St, Oakland - 02- - Paid LMA- LAKE MERRITT ADMN BLDG 11 1



Evidence supplemental.

 

 

 

 



Codes: 3 Suspect A Arrestee Detainee SV - SuspecWictim AV - ArresteeNictim DV Detainee/Victim

 

 

 

 

 

 

 

 

 

 

 

 

 

CODE NRME LAST, FIRST, [11100.5. 5.17?le 

A Tori s- M-occupancy INJURIES ADDRESS 3 NONE 
MAQKS TAT700S Am-s LOCATICN ARREST I 

?5 NO 4-Felony Santa Rita Jail 03117120141 20:20
0L ?lf?lt ARRCSICU ?55? 0?CFARGES

6471f} PC (1)

 

 

NARRATIVE


 

 

Evidence Supplemental Narrative:

This concludes my report.

On Wednesday, March 19, 2014. at approximately 2240 hours, I was tasked by Sergeant
Szopinksi #821 to book a CD into the evidence locker at the Lake Merritt Evidence Room.
The CD contained video footage of the event that took place at the Santa Rita Jail for case
#1403-2632. The CD was given to Sergeant Szopinksi by Sergeant Antiostco from the
Alameda County Sheriffs Of?ce on 03/17/14, at approximately 2300 hours. Due to technical
dif?culties on Alliance, Sergeant Szopinksi was unable to book the CD as evidence.
Sergeant Szopinksi kept the CD in his locker until he gave the CD to me.

I booked the CD into evidence locker #1 at the Lake Merritt Evidence Room.

 

1E

 

 

 

ADMINIS TRA TION
[PRCBATDN VWAP 1: 
av OFFICER APPROVED BY DATE APPROVED
J. Chung 061821 0312312014 14:54 Tanzanika Carter 57384 03126114
UNITISHIFT ASSIGNED To CASE STATJs
Closed

 

 

 

 

 

 

 

livid-l{hung-06102] beImImChung 

APDC (Rev. 03/5110) Print Date: 0910412014

 

 

 

 

 

 

 

 

. CASE 

West El BA Police Department
Crime 800 Madison Street. Box l2688 1403'2632
Non-Criminal Oakland. CA 94004-2088 

Evidence Supplemental 1 OF 1
(nnt'l
69 PC: ObstrucUResist Executive Officer: Fel. 647 (0 Disorderly in Public; Misd.
148 Resists. Delays. or Obstructs Public, Peace Of?cer; I
243 (8) Battery On Peace OfficerlEmergency PersonneltEtc; Misd.

DATE. TIME AND DAY OF OCCURENCE 7 {mot REJPCR rm
03117!? 18:34 Monday 03I17i14 18:34

LOCATION OF OCCURENCE LOCATION 7? lYl?i or BEAT 
800 Madison St, Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG i 11 1

 

 

CASE SUMMARY

Submitting DVD as evidence.



Codes: Suspect A Arrestee Detainee SV - SuspecWictim AV - ArresteeNictim DV - DetaineeNictim

 

 

 

 

acne '17:an mint-sn-

 

I .3 Fv? [:148

TATTOOS 

?5 -: i 4-Felony

3 W75 imesv?n "1:534 Ema-Tr? Sui-T.? 
I v55 2W "3 [in

 

 

lAil1l .Lens 

 


Santa Rita Jail 0311712014! 20:20

 

NARHAI th



I received a DVD containing video recordings from Oakland Police officers who were
present at Santa Rita Jail when S-Nas being booked by Officer Pianta. The video
was obtained by BART Sergeant Szopinksi. The video was then submitted to Internal

 

 

 

 

 

 

 

 

Affairs.
m? ADMINIS TRA TION

ND PAT [j on lwmn? Imumrum OYHED

OFFICFF DATE APPROVED

L. Haight 55952 0710312014 15:34 Yolanda Joseph 060035 07104!?
Azzszioum '6 I case-srAms

Closed

 

 

 

 

 

 

 

 

 

livid-l-l high-"56952 linicrcd by: Lance lluight

(Rev, Print Date: 095042014

 

 'l

 

 

 



Arrest 3
Crime 3

Non-Criminal 

 

 

 


. ~10 UbstrucdResist Executive Officer; Fel.
Resists, Delays, or Ohstructs Public, Peace Officer; II

243 PC: Battery On Peace UfficeriEmer-gency PersonneliEtc; Misd. i

Foam-3N3 'Ius REPORTED

 

 

 

BA Police Department
Madison Street, PO Box 12688

('JtiklencL CA 94604-2638

 

Property and Evidence

cont'd

64? ll) Conductintoxicated in Public; Misd.

CASE 
1403-2632

Page 1 of 1

Halos-en'v eel. cs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

96.3 DAV 0: 
03l1il14 10:34 Monday 0311'0'14 18:34 - 0.00
3125-31: Isms-it's? -. - [u-xTc-tr. I wag 3:  es=x~r ?Gi'tiitiit
800 Madison SL1 Oakland - 02- - Paid LMA - LAKE MERRITT ADMN BLDG I 11 . 1
PROPERTY 
Text: . i COL-3H jc:_ce 2 ITYPF we: r! 
Audiolvideo Axon 5 Flex 
furl-$1555? LF T3734. I
0.00 50.00 ETM ake Merritt
DEEPER .: FILZ: QECE 
Audioivideo footage of contact i
:1 STF-T..3 run-int cm 
BTRABAN-UUE . I ELK GRY Personal accessories Bag
CDDL TOTAL LEI-CA1 O?l I
5 0.00 0.00 LMA Lockerg
DESCRIPTION - . -- 
1 GrayiBlack USP Bag containing misc clothing and hygiene product.
STATUS [2:71 DH COLOR MAKE IYl'r'ili
LHAIGHT-001 . a 1 CD Recordings Photos 
SERIAL NUMBER BAR CDIJL UN Ut'. i LOG-01 0?4 Eil?x' 
0.00 0.00 LMA Locker1
- FlFli'iI RECEIPT 
DVD containing video recordings from DPD of?cers 1

ADMINIS TRA TION -
ESY CJFFICEFE 1 IMF BY DATE APPROVED
L. Haight 56052 0?i03l14 15:34 Yolanda Joseph 060035 0?i04i14
OFFICER UNIT-SHIFT ASSIGNLD 
Closed

 

 

 

 

 

 

 

 

 

 

livid?H Inighr'?t??j? lay: Lunci: latighl

 

 

AFDC {Rex-2 095'] Print Date: lili-illJJ-?fil-lal I

 

 

 

 

Arrest BA Police Department CASE 
800 Madison Street. PO Box 12688 1403-2632

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Crime . Oakland. 94604-2688 
Non-Cnmmal . Page 1 oft
Narrative Report
msms, on 7
09 ObstrucUReslst Executive Officer; Fel. 647 (1) Disorderly in Public; Misd.
148 Willfully Resists. Delays, or Obstructs Public. Peace Of?cer; 
243 (B) Battery 0n Peace Of?cerlEmergency PersonneliEtc; Misd.
one I?ve ma cm or occuncric?m 33F me nor 95mm?!) 
03117114 18:34 Monday 03117114 18:34
Loo-mow mu? Locrxon rem SECTOR
800 Madison St. Oakland - 02 - - Paid LMA - LAKE MERRITT ADMN BLDG 11 1
NARRATIVE

I received a DVD containing video recordings from Oakland Police officers who were present
at Santa Rita Jail when 8-was being booked by Officer Pianta. The video was
obtained by BART Sergeant Szopinksi. The video was then submitted to Internal Affairs.

 

 

 

 

1-K
ADMINISTRATION
BV DATEFIME 8V 
L. Haigllt 56952 0710312014 15:34 Yolanda Joseph 060035 07104114
OFFICER ASSIGNU) to cm. 
Closed

 

 

 

 

 

 

livid-i-lhigh/56952 by: 7 Palm I 01'! (Rev. 03.079101 

 

 

 

 

Non-Criminal Oakland. CA 94604-2688 PAGE
1 Supplemental Report 1 0' 2
1114388 :ontd

69 ObstructIResist Executive Of?cer; Fel. 647 (1) Disorderly in Public; Misd.

148 Resists Delays or Obstructs Public. Peace Of?cer: 

243 (8) Battery 0n Peace Of?cer1Emergency PersonnellEtc; Misd.
mu IIME oer: um- NCF. mu) liME 
03117114 18:34 Monday 03117114 18: 34

IOC ATth OF occum not LCCATIOWNKLIE -7 (Mir-oi rocmrou SECIOR
800 Madison St, Oakland- 02- -Paid L-MA LAKE MERRITT ADMN BLDG 11 1

11

BAR Police Department

Arrest 1 

Crime 800 Madison Street. PO Box 12688 1403-2532

 

 

 

 

 

 

 

 

Si 
Supp to main report. Monitored in-custody at Eden Hospital from 0620 to 1400 Hrs. Advised by WC and DD that BARTPD would ?le charges as "out

of custody'.


Codes: 8 Suspect A Arrestee Detainee SV - SuspecWictim AV - ArresteeNictim DV - DetaineeNictim

 

 

 

. .. 
i 



-7 115' Mi: 5 rr: ?;.goagsg- [sincaer
SEEKS wen-:2

(F 1

ADDRESS 3 l?leNF f?

 

 

MAS Clsrosrt-os; - I ARDEN DATE 1? 

4Felony Santa Rita Jail 03117120141 20:20

 

vesHaasysa Eeccvau 
647(1) PC (1)

 

b? 

Nl?tRliAllVF


Supplement:

On Tuesday, 3/18/14 at about 0600 Hours, I was advised to respond to Eden Hospital to
relieve Officer Ross who was monitoring an in-custody that Zone 1 had arrested on 3/17/14
at Lake Merritt. I was advised that the in-custody, S- was resting and waiting
to be seen by an Ear, Nose and Throat (ENT)doctor or urther evaluation.

During that time, I did not have any contact with S- 8- did have her father
and two sisters arrive on scene. I advised them that I could not give then any updated
information and I advised them to contact the BARTPD Watch Commander. I gave them
my business card with the Watch Commander's direct telephone number.

After several hours of waiting, I spoke to 8? nurse (Stephanie) and she advised me
that S-s X-ray of her jaw revealed several fractures. The ENT doctor would make
the final determination if S_would need surgery on her jaw. If so, 8- would not
be released today and at earliest she would have surgery tomorrow. I advised Lt Kwon of
the update. Lt Kwon advised me that I would no longer need to stay and monitor 8-
at the hospital. I called Detective Homer and he agreed with the decision. Detective
Homer advised that he would file charges as "out of custody" and that BARTPD would seek

 

 

 

 

 

 

 

 

 

 

 

ADMINISTRATION
A 9 income ro
vi I PAT or.? DA mow I: ivy-1A: Ult-i-R
in mrE?nME?t APPROVED or A I. 7 DATE APPFOVI 2)
M. Zendejas 57648 0311812014 14' 51 Keith Justice 55350 03118114
on: arr: um. SHIFT - ASSIGNED 'o 7 7 7 STATJS 7
Closed

 

 

 

 

Supp-l-chdc 57648 limercd by: Michael /.cndc_ias

 

 

 

(Re. 03 5 It): Print Date: 09 2014"

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a warrant for S- arrest at a later time.

 

 

- CASE 
my I BA Department
. mime l3 800 Madison Street. Po Box l2688 1403-2532
Non-Criminal [1 Oakland, CA 94604-2688 PAGE 7
Supplemental Report 2 or 2
. I (S) cont"!
69 Obstructhesist Executive Of?cer; Fel. 647(1) Disorderly Conduct:lntoxicated in Public; Misd.
- 148 Resists. Delays. or Obstructs Public, Peace 0f?cer;l
243 (8) Battery 0n Peace Of?cerlEmergency PersonnellEtc; Misd.
our; ma AM) my or ocweeuce DATE All?D me rerz'vomeo
03I1i'i14 18:34 Monday 03I17i14 18:34
Location-pr OCEUEENCE LocRnoN NAME or sec TOR 7
800 Madison St, Oakland - 02 . - Paid LMA - LAKE MERRITT ADMN BLDG 11 1
case. SUMMARY 7
Supp to main report. Monitored in-cuslody at Eden Hospital from 0620 to 1400 Hrs. Advised by WC and DD that BARTPD would ?le charges as "out
of custu'. 
NARRATIVE

I advised 8- family of the update. I left my business card with the hospital staff and
advised them to call BARTPD when S-is cleared to be released from the hospital.

 

 

 

 

 

 

 

 

 

 

 

 

AIR
ADMINISTRATION
5 TC
vr-s: [3 N0 2] run nr=r DA COURT moan mi [j OTHLR
av?crr can can; hug APPROVE-S BY 05.75 mac-err) 
M. Zendejas 57648 03l1812014 14251 Keith Justice 55360 03118i14
SEER - ASSIGNED ro 
Closed

 

by: Michael 

(Rev. Print 

 

 

 

Case No.
1403-2632 

 

 

 

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

Were photographs taken of the subject? Yes

No (If no, explain)

4 There was MVR footage and a photo taken after the second UOF.

 

 

 

 

 

 

Was subject interviewed? Yes No(lfno, explain)
_did not want to speak with me.

Was interview recorded? Yes No (If no. explain)

1) Was video of theincident available? Yes El No

2) Was video Hotline notified? Yes No

3) Was external video available? Yes El No Unknown l] MIA

4) Was a canvas forwitnesses conducted Yes No (If no, explain)

 

5) Describe injuries to others due to subject?s actions None

 

 

6) Were photographs taken of involved officer? Yes

No (If no, explain)

 

 



 

Werewitnesses interviewed? 7A7 Yes

 

 

El Nell! noisxplaim

 

 

 

 

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

NARRATIVE SECTION 

I Supervisor?s Analysis of theincidint: 

 

 

 

I Include comments on the original detention, witness statements and description of the subject?s actions during/after
the contact.



I INTRODUCTION: I
I On 3/17/14 at about 1834 hours, I responded to the platform at the Lake Merritt BART station for a suspect who was
I placed into custody after she had resisted arrest. The suspect was later identi?ed as i also I

responded to the second UOF regarding that occurred at Santa Rita Jail chec -In counter at 2006 hours.
Lastly, I responded to Eden Hospital to interview who was being treated there.

 
 
 
 

I INVOLVED PERSONNEL:
I Of?cer B. Trababino #102, Of?cer R. Carrasco #268, Off?cer N. Pianta #116

I Upon my arrival, at the Lake Merritt BART Police substation, I met separately with Of?cer Carrasco and Of?cer
Trabanino in the Sergeant?s of?ce. Of?cer Trabanino stated the following to me (summarized): On 3/17/14 at about
1825 hours, while Of?cer Trabanino was assisting a sick a patron on the platform at the Lake Merritt station he was
?a ed down an unknown subject who suggested that he check on a female who was later identi?ed as suspect
was on the platform sitting on a bench nearby. After Of?cer Trabinino made contact with
suspect S-he determined she was under the in?uence and unable to care for her own safety 
S-had touched and pushed Of?cer Trabanino?s gun belt in the area near the front center of his belt where I
hi is magazines are positioned. Of?cer Trabanino was waiting for his cover unit to arrive and had warned .
not to touch him but -refused to be compliant by yelling Obscenities at him and not staying still. I

. Of?cer Trabanino was attempting to place 5- under arrest for being Intoxicated in public and for not being

I able to care for her own safety, 647(f) PC. Of?cer Trabanino grabbed onto 8-8 left wrist in an attempt to I
place her into a twist lock control hold, but she continued to resist by twisting the front of her body towards Of?cer

I Trabanino. Of?cer Carrasco arrived on scene and assiste f? rabanino by grabbing S-S other arm. .

Of?cer Trabanino stated he and Officer Carrasco guided to the ground. After Trabanino was able to get I

I on the ground she continued to resist by kicking er ee towards Of?cer Trabanino and Of?cer Carrasco. 

. Of?cer Trabanino was able to handcuff 8- check for proper ?t and double lock each of the handcuffs. Of?cer

I Trabanino and Wrrasco were in the process of relocating to the Police Office at the Lake Merritt

I station; when continued to resist and delay of?cers by dropping all of her weight by spreading her legs
apart and lowering her buttocks towards the ground and sa ing ?fuck no!" just prior to going up the escalator.
S_refused to move. Due to the fact that dretused to move, Of?cer Trabanino applied a rear wrist
lock. Of?cer Trabanino placed S_nto the holding cell and stated _had slipped her handcuffs off

while in the holding cell. Of?cer Trabanino stated he did not have any other involvement with 8- Of?cer
Trabanino stated 8- was not injured and neither was she as a result of the use of force.

 

  

 

I I spoke separately with Officer Carrasco who corroborated everything Of?cer Trabanino stated above. Of?cer I
Carrasco stated he saw 8-push Of?cer Trabanino. Of?cer Carrasco saw Of?cer Trabanino struggling with

I Of?cer Carrasco grabbed onto _right arm and guided to the ground along with I
Of?cer Trabanin . Of?cer Carrasco stated he may have been hit in the face by foot 

I handcuf?ng Shut was not certain. Of?cer Carrasco did not have any other involvement with I

Of?cer Carrasco stated 8 was not injured and neither was he as a result of the use of force. I

    

independently spoke with Of?cer N. Pianta #116 at Eden Hospital in Castro Valley regarding his use of force that I
I occurred at the Santa Rita Jail check in counter. Of?cer Pianta stated the following (summarized): Of?cer Pianta had

.)

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

transported ?to the Santa Rita jail to be booked on the charge of resisting arrest 148(a) PC and Intoxicated 
in public as compliant and was told to a roach the counter to check in for booking at Santa 

Rita Jail. The intake Of?cer advised Ofc. Pianta to uncuff S-hen started oin through her
purse that had personal items such as pens and a hairbrush that could be used as a weapon. g?also stated .

earlier that she had a needle in her purse and was going to stick an Of?cer, Of?cer Trabanino with it. The needle

I was not recovered during the search of her purse by Of?cer Pianta or Trabanino. Of?cer Pianta ordered 8- 
to not go into her purse for Of?cer safety reasons, but she refused, which is a violation of obstructing and delaying

1 148(a) PC. Of?cer Pianta for his safety elected to grab S-S purse so she would not be able to go inside of 


 

 

her purse.

the check in counter. Officer Pianta ordered _to let go of the purse, 8 efused to comply.
S'ontinued to hold onto the purse while screaming and swearing at Of?cer Pianta. Of?cer Pianta placed

 
 
  
  

S-grabbed onto her purse strap as Of?cer N. Pianta was attempting to take iossession of the purse from 


8 left arm in a twist lock control hold and leaned her against the counter in an attempt to gain control of

her body towards Of?cer Pianta. S-then started to hammer punch violently with a clinched hint ?st towards

The twist lock control hold did not have any effect on S-and she was able to twist the front of I
Of?cer Pianta?s face, coming within inches of making contact witn his face. Of?cer Pianta ordered to the I
ground but she continued her assaultive behavior of throwing punches towards Of?cer Pianta's face. Of?cer Pianta 
placed S-into arm bar control technique and he drived -to the ground. The bar arm take down .
control technique was taught to Of?cer Pianta when he had attended the Contra Costa County Police academy that 
. is licensed by the Peace Of?cer Standard and Training (P.O.S.T.).

I As a result of the bar arm take down. S-landed on her face and did not use her right free arm to prevent her 

from hitting her head on the ground. As a result of the take down 8 may have been unconscious for a brief 

amount of time (one to ?ve seconds), 

It should be noted that many of the POST. certi?ed takedowns are dynamic in nature. The take down involves a

combination of speed, leverage and aggressiveness by the individual Of?cer in order to gain immediate control of a
combative suspect as quickly and safely as possible; all which must be reasonable. Based on my investi ation,

Of?cer Pianta was reasonable in using a bar arm take down technique for the following reasons: 1) 



refused verbal commands to leave her purse alone. 2) -refusmver her purse after being told do so 
repeatedly 3) The purse had to be forcibly removed from her grasi. 4i 8 managed to resist a twist look I



    
  
 

control technique to her left arm; that Ofc. Pianta had applied to in the hopes that _would
comply and that he could handcuff her. 5) S-elected to ignore Of?cer Pianta's repeated verbal commands to
I stop resisting, 6) Lastly; S-resorted to using physical force against Ofc. Pianta by throwing consecutive
hammer ?st punches towards Of?cer Pianta?s face.

A hammer ?st punch to the face is when the subject clinches their ?st, The subject winds-up their arm and brings

their ?st above their head and forcefully strikes their ?st into the face of their intended victim It should be noted, the 

generated energy from winding up and striking down with a hammer ?st towards the victim's face could have 
reasonably caused great bodily injury or death to Ofc. Pianta. In order to prevent great bodily injury or death to 
himself it was reasonable for Ofc. Pianta to defend himself and use a bar arm take down on 8-0 order to

gain control of After Ofc. Pianta took S-down to the ground using a bar arm take down. 

Note: Of?cer Pianta rendered ?rst aide to 8 after applying the take down and advised BART Police dispatch 
for a code 3 (emergency lights and siren) am ance to respond to the scene and that he had a use of force. I

(Sergeant Szopinski) advised BART Police dispatch that I would be responding to Santa Rita Jail to conduct a use of
force investigation. Paramedic Plus #5290 transported _to Eden Hospital for treatment. Upon being

I discharged from the Eden hospital, booked at Santa Rita Jail. 

'9 

A

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

SUSPECT INTERVIEW: 

 

initiall met with at the holding cell located in the BART Police substation at Lake Merritt BART station.

Sitated was not injured and I did not see any visible injuries to her. S-stated, ?l FUCKED

(referring to herself). S_refused to give me a statement at Lake Merritt BART station and at Eden
Hospital. I advised It the Lake Merritt holding cell that she was being transported to Santa Rita Jail for

booking and to not make matters worse for her and to cooperate with the Of?cer. When I arrived at Eden hospital, I 

could not see S-S physical appearance at the Eden Hospital due to her being in her a very dark room and 

. refusing to being interviewed. There wasn?t any light on in the room and it was night time.

WITNESS INTERVIEWS: 

I interviewed all of the witnesses separately. 

I spoke with witness CSO A. Shah J355 who stated she had witnessed Of?cer Trabanino cWon 

the platform at Lake Merritt BART station. Shah stated she heard Of?cer Trabanino telling to not go in

her purse. SHAH stated she heard S-state there was a needle in her purse and that she could hurt him. 
S-also stated she was a terrorist. Shah saw S_strike Of?cer Trabanino near the magazines

pouches on his duty belt. SHAH stated she saw Of?cer Trabanino attempting to handcuff 8-. SHAW then 
saw Of?cer Carrasco arrive on scene and assist Of?cer Trabanino. Shah stated she then saw all three (Of?cers
Trabanino, Carrasco and 8- fall to the ground. Shah stated she saw 8- kick Of?cer Carrasco in the 
face with the sole of her sandal that she was wearing while attempting to handcuff her. .

I

I I spoke with witness CSO J. Resete J344 who stated the same as witness Shah stated occurred. I

I I interviewed Alameda County Sheriff technician Michelle Buckhout#444 who stated she had been in the process of 

in-taking S-at the Santa Rita Jail check-in counter. Buckhout stated that it appeared to her that

was compliant and advised the Of?cer being Of?cer Pianta to uncuff her being S-so she could si for her 

property. Buckhout remembers a struggle ensuing soon after S_rvas uncuffed and that dwanted 
her purse. S_?ecalls the Of?cer Pianta grabbin onto _5 left hand, while 8- was still 

holding onto her purse. Buckhout stated she saw itake a swing at Of?cer Pianta?s head when another

Oakland Police Of?cer was walking over to assist. Buckhout stated Of?cer Pianta then took 8- to the ground
but could not see _n the ground due to the counter obstructing her view. Buckholt stated she could not

hear the conversation between Of?cer Pianta and S_due to the bullet proof glass portion. 

I spoke with Oakland Police Of?cer Kitrell Carter #8702 via landline. Of?cer Carter stated he had observed a female 

. suspect who was very belligerent at the intake counter at Santa Rita Jail. Carter stated he saw SHEEHAN throwing

punches at Of?cer Pianta. Of?cer Carter stated he saw Of?cer Pianta do a take down on Sheehan. Of?cer Carter felt 
the force was reasonable and justi?ed.

I I spoke with Oakland Police Of?cer Paul Phillips and Mike Stolzman via landline. Both Of?cers (Of?cer Paul Phillips I
#8903 and Mike Stolzman #8576) stated they had all had witnessed the same account as to what had occurred and 
all of them stated the force that Officer Pianta used on S-rias reasonable and justi?ed. Of?cer Stolzman

added that he had assisted Of?cer Pianta by grabbing the purse from grasp. Of?cer Stolzman said after 
grabbing the purse from the following happened so fast: was punching Of?cer Pianta in the

face, so he attempted to grab onto .8 right arm as Pianta did the bararm take down. 

 
 
 

. i

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

 

Conclusion: Of?cer Stolzman had his duty issued body camera's on and stated he had reviewed the video footage
I and the video footage is consistent with his statement. i had separated and interviewed all known parties that were
involved or witnessed this event. have reviewed all video pertaining to this event except the video footage captured
i on Oakland Police Of?cer Stolzman duty issued camera. I have requested all captured video from any all Oakland
Police Of?cer?s who may have captured video of this event. The UOF report was delayed due to being down
i for a 30 hour period. Based on my investigation, I have determined that Of?cer Trabanino, Officer Carrasco and
Of?cer Pianta, had used the reasonable amount of force necessary and were justi?ed in using the afore mentioned
i force that is set forth under BART Police Lexipole policy of Force. This concludes my investigation of this
matter. This concludes my investigation. Sergeant Szopinski S21.

Prepared by: Sergeant. S. Szopinski $21
NanelStar

 

U1

 

SCOTT 2AW FIRM

I388 STREET, SUITE 7I5

SAN FRANCISCO, CA 94109



John Houston Scott (SBN 72578)
Lizabeth N. de Vries (SBN 2272i 5)
SCOTT LAW FIRM

1388 Sutter Street, Suite 715

San Francisco, CA 94109

Tel: (415) 561-9601

Fax: (4l5) 561-9609



Attome for Plainti??
-

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

M- 5- Case No.:

Plaintiff,
v. COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF
BAY AREA RAPID TRANSIT, UKNOWN
ASSAILANTS I 4, COUNTY OF [42 ?9831

ALAMEDA, and DOES l-20, mcluswe. JURY TRIAL DEMANDED

Defendants.

 

 

PLAINTIFF M-- complains of Defendants and alleges as follows:
JURISDICTION AND VENUE
I. This action arises under 42 U.S.C. ?l983. Jurisdiction is conferred by virtue of 28
U.S.C. 133! and 1343.
2. The conduct alleged herein occurred in Alameda County. Venue of this action lies

in the United States District Court for the Northern District of California.

PARTIES
3. Plaintiff IV-'esides in the City and County of San Francisco. California.
4. Defendant Bay Area Rapid Transit is a public agency organized and
existing pursuant to the laws of the State Of California which includes the BART Police

Department.
- -

 

 

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

 

 FIRM

"l3

l-?tt ism .. tMintl?laintiffdoes not presently knovy the true name of defendants identified as 
Assailants 4" and therefore sues them by fictitious names. Plaintiff is informed and believes.
and on that basis alleges. that the "L'nknovvn Assailants -- and each of them were responsible
in some manner for the acts and/or omissions alleged herein. and. vv ere officers vvorking for either
or (?ounty of Alameda. Plaintiffvvill seek leave to amend this Complaint to add their true
names and capacities when they have been ascertained.

6. Defendant County of Alameda is public agency organized and existing pursuant to the
laws oftlte State ofL?aIifornia. which runs an agency/department that is the Alameda County
Sheriff?s Of?ce. and. which operates the Santa Rita .lail through the Sheriffs Office.

7. l?laintiffalso does not presently know the true names and capacities ofdefcndants
DUI-LS I through 20. inclusive. and therefore sues them by these fictitious names. Plaintiffis
informed and believes that DOES I through 20. and each ofthem. \v ere responsible in some
manner for the acts or omissions alleged herein. Plaintiff? ill seek leave to amend this Complaint
to add their true names and capacities when they have been ascertained.

8. In doing the acts and/or omissions alleged herein. defendants and each ofthem acted
under color of authority and/or under color ofstate lavv. and. in concert vv ith each other.

STATEMENT OF 

9. l?laintiffalleges on information and belief that at all times mentioned herein. B.
?l?rabinino (badge to" l02) and R. Carraco (badge #268) were police officers employed by the
BART Police Department.

On March l7. 20 El. female plaintiff M-?-was traveling on BART when
she exited a train in Oakland. Officer ?l?rabanino arrested S-alleging Penal Code violations
of Sections I). and 243(b). S-illeges on information and beliefthat Of?cer
(?arraco transported her to the Santa Rita Jail. S-urinated in a police car on the way to jail.

I l. lipon arrival at the Santa Rita Jail. Linknovvn Assailants 4 beat S-until she
lost consciousness. Defendants? beating caused plaintiff serious head injuries including but not

limited to fracturing four ofher cheek bones. splitting her molar. and cracking a front tooth.

a)

 

 

l70R l\.ll l\'l Rl 

 

SCOTT FIRM

1.83 St' 

3

"l

041??)

12. S-alleges on information and belieftha: a video exists and captured at least a
portion if not all ofthe heating.

1 . taken in an ambulance to liden Medical Center in Castro Valley where



S-was treated and required hospital care and tr for two days. Eden?s March 
20M discharge papers identify her "?nal diagnoses" as follows:

Principal Problem:
Fx left orbital floor blowout

Active Problems:
(loss ofconsciousness)
Fx: Left maxillar) depressed comminuted anterior wall. nondisplaced medial wall.
displaced lateral wall
Left orbital wall lateral displaced communited 
Fx: medial wall Right maxillary antrum
Concussion with brief loss ofconsciousness
Eyelid laceration
l.ip laceration
l4. Plaintiff returned to Santa Rita Jail before being released on bail.

l5. criminal charges were ever filed against the plaintiff.
STATEMENT OF Insist; t-zs

16. As a result ofthe acts and/or omissions ofdcfendants. and each ofthem. plaintiff
suffered and will continue to suffer general damages including pain and suffering in an amount to
be determined according to proof. Plaintiffalso suffered physical injuries that impact her quality
of life and daily life activities in an amount to be determined according to proof. Plaintiff has also
incurred. and is likel} to continue to incur medical and dental treatment and related expenses in
amounts to be determined according to proof. Further. plaintiff lost wages and employnent
opportunities in amounts to be determined according to proof.

17. The acts and/or omissions of the individual defendants were willful. wanton. reckless.
malicious. oppressive and/or done with a conscious or reckless disregard for the rights ofthe
plaintiff. who seeks punitive and exemplary damages against these individuals according to proof.

18. Plaintiff has retained private counsel to represent her in this matter and will seek an

award ofattornqs? fees and costs as permitted by law.



 

 

l\'l Rl Ilal?

 



SCOTT Fl 

l?ssx rm: 8 

"1-3



.s?r'tl'l-

l-?Aerioxs
FIRST Cause or Acrtox
 42 ?l983 Fourth Amendment]

l?laintiffre-alleges and incorporates by reference as though fully set forth herein all
prior paragraphs ofthis ('omplaint.

20. Plaintiffalleges on information and belief that the Unknown Assailants - 4 and Does
1-20 (hereafter the "individual" defendants) were acting under color of state law' and in the course
and scope oftheir emplo) ment.

2 I. In doing the acts andr?or omissions alleged herein the individual defendants used
excessive and unreasonable force against M- - in violation ofher rights under the

l?ourth Amendment to the l.'nited States Constitution.

WI plaintiff prays for relief as hereinafter set forth.

SECOND CAI 
[42 ?l983?l-?ourteenth Amendment]

22. Plaintiff re-alleges and incorporates reference as though full} set forth herein all
prior paragraphs ofthis ('omplaint.

23. In doing the acts andr?or omissions alleged herein. the individual defendants were
deliberately indifferent to plaintiffs health and safety in violation ofthe Fourteenth Amendment
to the United States Constitution. Alternatively. these defendants acted with a purpose to harm
unrelated to a legitimate police purpose.

plaintiffprays for relief as set forth herein.

THIRD ACTION
I42 LLSC. Liabilit?

24. Plaintiff re-alleges and incorporates by reference as though full}- set forth herein all
prior paragraphs ofthis Complaint.

25. Municipal defendants BART and County of Alameda were responsible for ensuring
the health and safety ofthe inditiduals placed in their custod}. This included but was not limited

to protecting those in custod} from excessite or punitix uses of force.

-4-

 

 

DAMAGES AND Rlil.llil?

 

 





l?m?h? t'I-tt I IH- I- 

St't't 

u, (L 041w)

l5



I

6

 

26. l?laintiffalleges on information and belief that defendants? customs or unwritten
policies authorized. encouraged and condoned using excessive or punitive force against prc-trial
detainees including the plaintiff in the Santa Rita Jail in \iolation ol'the l-?ourth and/or Fourteenth
Amendments to the United States Constitution. Defendants were deliberatel} indifferent to the
risk of harm that these customs or policies would cause and did cause the plaintiff. 'l'hese customs
and policies were a moVing force behind the harm suffered b) the plaintiff. Alternatiwl}. plaintiff
alleges on information and beliefthat the acts or omissions ofthe individual defendants were: (I 
caused by inadequat and arbitrary training. supervision. and/or discipline of officers regarding
the use of force: (2) caused by deliberate indifference to the use ofexcessive or punitive force:
andx'or ratified h} final decision-makers.

\Vl lliRl-Zl-?ORE. plaintiffpra) for relief as set fonh herein.

PRM ER FOR RELIEF
Wl lliRlil?ORE, plaintiff prays lorjudgment against defendants. as follows.

for compensatory and economic damages according to proof:



for general damages according to proof:



o. For an award ofpunitix'e and exemplary damages against indix idual defendants

according to proof:

4. I?or an award ofattomeys? fees and costs:
5. Injunctive relief to remedy the unlawful practices alleged herein: and.
6. For other and further relief as the Court may deem just. necessar} and appropriate.

.It RV TRIM. 

Plaintiff hereby requests ajur)? trial on all issues so triable.

.lohn llouston Scott
John l-louston Scott
Attorney for Plaintiff

Dated: July I l- 20H

 



 

 

l' AM) Rl 

 

and service of plead-n or other papers as re uired by law, except as
cptetnber 1974, is rati?ed for the use of the lerk of Court for the

civil cover sheet and the Information contained herein Inerther replace nor su lemcnt the filing
provrded . local. rules of .000?. This form. approved by the Judicral Con of the Jnrted States in .
purpose 0 initiating the end docket slicer. Nil? 'Ilun's 0N mm FORM.)

AWNING DEFENDANTS

Bay Area Rapid Transit. Unknown Assailant: 1-4; County of Alameda.
and DOES 1-20, inclusive
(D) County ol'Resrdence of First Listed Plaintiff San Francisco County".
1m 'h?l?l?IX I 

 

ounty of Residence of First Listed Defendant
I I I 71-7" RSI-3 ONLY)

IN LAND CONDEMNATION CASES. USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.

 

NOTE

(C) Attorneys (Firm Name. Adz/mu. mid Number) Attorneys (II A'urm-rr;
John Houston Scott. SBN 72578; Lizabelh N. de Vrias. SBN 227215

1388 Sutter Street. Suite 715

San Francisco. CA 94109; telephone: (415) 561-9600

 

 

 

 

 

 

 

II. BASIS OF JURISDICTION ?warm CITIZENSHIP OF PRINCIPAL PARTIES (I?Iucr an mom 8.th Plaorn?'
II-Mforlkfemlrm;
:t L's. Guam )0 3 Federal comm rn? otzr on:
Plaintiff (l Citizen o?hs State .1 I .1 I lncorpormedorPrineipal Place 3 4 3 4
of Business In This State
2 L15. Government :1 Datum,- (hum ol Attodter 5m: 3 2 :t 2 IneorpontedamlPrinetpol Place 3 .1 5
Defendant ?minute I 'm:mtlup u! I'rmrri to Item of Business In Another State
('itiren or Subject of: 3 3 3 Foreign Nation 3 6 3 6
Forsr?n (?nuth
IV. NATURE OF SUIT II?Iacrun mlhu' now (My
I "?815 
3 lnmranee PERSONAL INJURY PERSONAL 625 Related Scum: Appeal 28 158 3 375 Fdse Claims Act
3 I20 Marine 3 3 0 Airplane 3 365 Personal Injury - ofl?roperly 2  ['30 423 Withdrawal 3 400 State Ruppmiomnent
3 I30 Millet Act .1 3 5 Airplane Product I?toduel Liability .1 690 Other 28 IJSC I57 3 Antitrust
3 I40 Negotiable Instrument Liability 3 367 llealtlt Care' 3 430 Banks 811?] Banking
3 I50 Recovery oI'Overpagmenr 3 320 Amok. Liliel Pharmaceutical 3 450 onumroe
It Enforcement of Judgment Slander Personal Injury 3 820 Comnultts 3 460
CI l5] Medicare Act 3 330 Federal Product Liability 3 830 Patent 3 470 Racketeer In?uenced and
CI 152 Recovery of Defaulted LiaInIity 368 Asbestos Pertonal I) 840 Trademark Corrupt Organizations
Student Loans 3 340 Marine Product 3 480 Consumer Credit
[Excludes Veterans) C) 345 Mature Product IthlIlIy 490 CableSat TV
- 153 Recovery ofOt'm'ment PERSONAL PROPERTY 3 7 0 Fair Labor Standards 3 850 Securities-Commodtues'
ofVeleran's Bene?ts 3 350 Motor Vehicle 370 Other Fraud Act Cl 862 Black Ling (923) Exchange
0 160 Sroekholden? Suits 3 .155 Motor Vehicle 0 37I Truth Ill Lending Cl 720 Islam-31mm :1 863 DIWCDIWW (405ml) 3 890 Other Statutory Actions
0 I90 Other Contact Product liability :1 300 Other Personal Relations CI 864 SSID Title XVI 3 Apieulnlol Acts
0 I95 Contrast Product Liability 3 360 Other Personal Property Damage 740 Railway Ltd-or Act 3 865 RSI (405(3)) 3 893 Environmental Matters
0 I96 Franchise lnjury C1 3115 mm Damage .1 751 Family mt Medical 3 895 Freedom oflnfonnetion
362 Femoral - Leave Act Act
Medici Mal- -ee 0 790 Other Labor Litigation 3 896 Arbitration
PROPERTY N. on a 791 Retirement FEDERAL TAX sorts :t 899 Ammonium mm
0 210 Land Condomnalion 440 Other CMI Rights llubeos Corpus: Income Security Act 0 870 TaxesIL'S. Plaintiff Act/Review or Appeal of
220 Foreclosure F) ?1 Voting Cl 463 Alien Detainee or Deferularnl Agency Decision
0 230 Rent Lem Ejeotment 442 Employment 0 510 Motions to Vacate IRS?Third Party 3 950 Constitutionality of
240 Tom to Land 443 IIottsirtg.? Sentence 26 USC 7609 State Statules
245 Tort Product Liability Aecormmdatitm Cl 530 General
0 290 All Other Real Property 0 $45 Amer. wIDtulrilities - Cl 535 Death Penalty 
Employment Other: [1 462 Naturalization Application
0 446 Amer. wit/Disabilities - 540 Other CI 465 Odie: Immigration
Other 550 Rights Actions
0 448 FAucotinrt 555 Prtson Condition
0 $60 (?tvil Detainee-
(?onditrons of
(?ortl'rnemeot

 

 

 

 

 

 

V. ORIGIN (Plum an or (My Ila! Only)

 

 

I Original .1 2 Removed from 3 3 Remundcd from TI 4 Remstated or 5 Transferred from 3 6 
Proceeding State Coon Appellate Court Reopened {\notlft?er District Litigation
.rpt't'l 
no the 5. Civil Statute under which you are ?ling (no nu! uulas My:
VI CAUSE OF ACTION 42 use. 1983
of cause.

 

Excessive Force; Violation of Fourteenth Amendment; Monell Liability

 

VII. REQUESTED IN
COMPLAINT:

Cl CHECK IF THIS ts A cuss ACTION
UNDER RULES 23. t? Cv 

RELATED 

(Ker mrm'mmv:

DEMAND 5

CHECK YES only if demanded in complaint:

JIYRY DEMAND:

XYes 3N0

 

IF ANY mom-i mutter NUMBER
r112 SIGNATURE OF ATTORNEY OF RECORD
071110014 Isl John Houston Scott

 

IX. ASSIGNMENT LR. 

[Place in One Box Only)

.sax FRANCISCOOAKLAND SAN JOSE Bertram

SCOTT LAW FIRM

1388 Sumn 5mm, Sums 715
SAN FRANCISCO, CA 94109



g?mw?mHt?r?u?I?Io?I?v?n


24

26
27
28

John Houston Scott (SBN 72578)
Lizabeth N. de Vriec (SBN 227215)
SCOTT LAW FIRM

1388 Sutter Street, Suite 715

San Francisco, CA 94109

Tel: (415) 561-9601

Fax: (415) 561-9609



Attorneys for Plainti?',

 

M-S

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

M-s- easem?

Plaintiff,
v. SECOND AMENDED COMPLAINT FOR
DAMAGES AND INJUNCTIVE RELIEF

BAY AREA RAPID TRANSIT, NOLAN

PIANTA, 811d DOES 1_20? inclusive. [42 U.S.C. 1983; Cal. CIV. 52.1;
Negligence]
Defendants. JURY Ii to

 

 

PLAINTIFF complains of Defendants and alleges as follows:

JURISDICTION AND VENUE
I. This action arises under 42 U.S.C. ?1983. Jurisdiction is conferred by virtue of 28
U.S.C. l33l and 1343. Supplemental jurisdiction for claims under state laws including Cal.
Civ. Code 52.1 and negligence is authorized under 28 U.S.C. 1367.
2. The conduct alleged herein occurred in Alameda County. Venue of this action lies

in the United States District Court for the Northern District of California.

-1-

 

 

SECOND AMENDED COMPLAINT FOR AND RELIEF

 

 

SCOTT LAW FIRIVI

1388 Sritss'r, SUITE 715

SAN FRANCISCO, CA 94109

 

PARTIES
3. At all relevant times, plaintiff lV--resided in the City and County of San

Francisco, California.

4. Defendant Bay Area Rapid Transit was a public agency organized and
existing under the laws of the State ofCalifornia which includes the BART Police Department.

5. Defendant Nolan l?ianta was an of?cer working for the BART Police Department,
acting within the course and scope of his employment, under color of law, at all relevant times.

6. Plaintiff does not presently know the true names and capacities ofdefendants DOES 1
through 20, inclusive, and therefore sues them by these fictitious names. Plaintiff is informed and
believes that DOES I through 20, and each of them, were responsible in some manner for the acts
or omissions alleged herein. l?laintiffwill seek leave to amend this Complaint to add their true-
names and capacities when they have been ascertained.

7. In doing the acts and/or omissions alleged herein, defendants and each of them acted
under color of authority and/or under color of state law, and, in concert with each other.

STATEMENT OF FACTS

8. Plaintiff alleges on information and belief that at all times mentioned herein, and to
this date, Nolan Pianta, (#061709) and B. Trabinino (#061462) were and are police of?cers
employed by the BART Police Department 

9. On March 17, 2014, female plaintiff M- - was traveling on BART when
she exited a train in Oakland, and, was arrested by BART PD Of lieer 'l?rabinino. BART PD
Officer Pianta transported her to the Santa Rita .lail. On route, S-urinated in a police ear.

Upon arrival at the Santa Rita Jail, in the booking area, BART PD Of freer Pianta beat
S-until she lost consciousness. 'l?his beating caused plaintiff serious head injuries including
but not limited to fracturing four of her check bones, splitting her molar, and cracking a front
tooth.

1. S.=as taken in an ambulance to Eden Medical Center in Castro Valley where

vas treated and required hospital care and treatment for two days.

-2-

 

 

3mm AMENDED COMPLAINT FOR DAMAGES AND RELIEF

 

 

SCOTT LAW FIRM

1388 Sorta-1a S'rana'r, Serra 715

SAN CA 94109

 

l2. Eden?s March 19, 20 4 discharge papers identify her ??nal diagnoses? as follows:

Principal Problem:
Fx Left orbital floor blowout

Active Problems:
LOC (loss of consciousness)
Fx: Left maxillary depressed comminuted anterior wall, nondisplaced medial wall,
displaced lateral wall
Left orbital wall lateral displaced communitcd fx
Fx: medial wall Right maxillary antrum
Concussion with brief loss 
Eyelid laceration
Lip laceration
13. Plaintiff returned to Santa Rita .lail before being released on bail.
14. No criminal charges were ever filed against the plaintiff.

15. Plaintiff submitted a tort claim to BART dated August 26, 2014.

or DAMAGES

16. As a result of the acts andfor omissions of defendants, and each of them, plaintiff
suffered and will continue to suffer general damages including pain and suffering, fear, anxiety,
humiliation, and emotional distress in an amount to he determined according to proof. Plaintiff
also received serious permanent physical injuries which impact her quality oflifc and daily life
activities in an amount to he determined according to proof.

Plaintiffhas also incurred and will continue to incur medical and dental treatment and
related expenses in amounts to be determined according to proof.

18. Plaintiff has further suffered lost wages and employment opportunities in amounts to
be determined according to proof.

19. The acts andfor omissions of the individual defendants including Nolan Pianta were
willful, wanton, reckless, malicious, oppressive andfor done with a conscious or reckless
disregard for the rights of the plaintiff, who seeks punitive and exemplary damages against these
individuals according to proof.

20. Plaintiff has retained private counsel to represent her in this matter and will seek an

award of attorneys? fees and costs as permitted by law.



 

 

sacoso ammonia- comrratnr For. matrices?Inn rsnixcrivs are .1 ar

 

 

SCOTT LAW FIRM

1388 Strata Serra 715

SAN CA. 94109

L11 .CAUSES OF ACTIONS
FIRST CAUSE OF ACTION
I42 U.S.C. ?l983 Fourth Amendment]

Plaintiff" re-alleges and incorporates by reference as though fully set forth herein all
prior paragraphs of this Complaint.

22. Plaintiff alleges on infonnation and belief that the Of?cer Pianta and Does 1-20
(hereafter the ?individual? defendants) were acting under color of state law and in the course and
scope of their employment.

23. In doing the acts and/or omissions alleged herein, the individual defendants used
intentional and unreasonable force against M-S-in violation of her rights under the
Fourth Amendment to the United States Constitution.

24. Defendants? use of excessive fence was a substantial factor in causing plaintiff?s harm.

plaintiff prays for relief as hereinafter set forth.

SECOND CAUSE or ACTION
[42 U.S.C. ?l983?Fourteenth Amendment]

25. Plaintiff re-allcges and incorporates by reference as though fully set forth herein all
prior paragraphs of this Complaint.

26. in doing the acts and/or omissions alleged herein, the individual defendants were
deliberately indifferent to plaintiff health and safety in violation ofthe Fourteenth Amendment
to the United States Constitution. Alternatively, these defendants acted with a purpose to harm the
plaintiff, unrelated to any legitimate police purpose.

27. use of punitive excessive force was a substantial factor in causing
plaintiff?s harm.

WHEREFORH, plaintiff prays for relief as set forth herein.

THIRD CAUSE or ACTION
[42 U.S.C. ?1983?Monell Liability]

28. and incorporates by reference as though fully set forth herein all

prior paragraphs of this Complaint.

-4-

 

 

 

SECOND AMENDED COMPLAINT FOR D/thdi?ttiliS AND RELIEF

 

 

SCOTT LAW FIRM

1388 S'rnue'i'. Serra 715

SAN FRANCISCO. CA 941-09

 

29. Municipal defendant BART was responsible for ensuring the health and safety of the
individuals placed in its custody. This included but was not limited to protecting those in custody
from excessive or punitive uses of force.

30. Plaintiff alleges on information and belief that the acts or omissions of the individual
defendants were caused by the municipal defendant?s: customs or rlefncm policies which
authorized, encouraged and/or condoned using excessive or punitive force in violation of the
Fourth and/or Fourteenth Amendments to the United States Constitution; and/or (2) failure to
promulgate appropriate policies with respect to the use ofcxcessivc or punitive force; and/or (3)
deliberate indifference to the use of excessive or punitive force; and/or (4) inadequate and
arbitrary training, supervision, and/or discipline of officers regarding the use of force; and/or (5)
rati?cation by final decision-makers. These failures and actions constituted deliberate
indifference to the municipal defendants? obligation to insure the preservation and protection of
an individual?s constitutional rights.

31. Plaintiffalleges on information and belief that the municipal defendant knew or
should have known that its acts and omissions would likely result in a violation of the Fourth and
Fourteenth Amendment rights of a person in Ms. S-s situation.

32. Plaintiff alleges on information and belief that the municipal defendant?s acts and
omissions were a moving force in the deprivation of Ms. S-s constitutional rights and
injuries she suffered.

WHEREFORE, plaintiff prays for relief as set forth herein.

FOURTH CAUSE 
. Civ. Code ?52. l]

33. Plaintiff re-alleges and incorporates by reference as though fully set forth herein all
prior paragraphs of this Complaint.

34. in doing the acts and/or omissions alleged herein, Of?cer l?ianta and the individual
defendants and municipal defendant through respondent superior committed acts of violence
against Ms. -n violation of her rights under the Fourth Amendment and Fourteenth

Amendment to the United States Constitution.

-5-

 

 

 

 

SECOND MVIENDISD COMPLAINT FOR DAMAGES AND RELIEF

 

 

SCOTT LAW FIRM
1388 Sums STREET, SUITE 715
SAN FRANCISCO, CA 94109






35. Defendants? conduct was a substantial factor in causing plaintiffs harm.

WHEREFORE, plaintiff prays for relief as set forth herein.

FIFTH CAUSE OF ACTION

[Negligence]
36. Plaintiff re-alleges and incorporates by reference as though fully set forth herein all

prior paragraphs of this Complaint.
37. Defendants had a duty to plaintiff while she was in their exclusive care and custody.
38. Defendants breached their duty of care.
39. Defendants? acts and omissions were a substantial factor in causing plaintiff?s harm.
PRAYER FOR RELIEF

WHEREFORE, plaintiff prays forjudgment against defendants, as follows.

 

1. For compensatory and economic damages according to proof;
i 2. For general damages according to proof;
3. For an award of punitive and exemplary damages against individual defendants
according to proof;
4. For an award of attorneys? fees and costs;
5. Injunctive relief to remedy the unlawful practices alleged herein; and,
6. For other and further relief as the Court may deem just, necessary and appropriate.
JURY TRIAL DEMAND

Plaintiff hereby requests ajury trial on all issues so triable.

Dated: October 27, 2014 Is! Lizabeth N. de Vries
Lizabeth N. de Vries
Attorney for Plaintiff

-5-

 

SECOND AMENDED COMPLAINT FOR DAMAGES AND RELIEF

 

 

 

Police Contmand Staff Meeting. 3324.315
Attendance:

Chiei' Rainev. DC Jennings. DC Glenn-Davis. Lieutenants: Kwon. l-laight. Alvarex. (iregson.

Lopez. l-?orte. Franklin. Hayes. Sgt. Weissich. Sgt. Power. Morgan, Cromer. (ioldner. Blagg.

('heung

Minutes by LL Franklin

DC Jennings:

Reviewed outstanding assignments and BAP
Approved Staff minutes from Still 7H 5

Discussed PD participation in task forces and the support that the task force can provide to
PD for special operations and directed patrol activity. Alameda County Narcotics task
force is available to assist and all narcotics arrests should be forwarded to Cite. Shaun O'Connor.
Task force can assist with training on how to develop Cl's.

Discussed MVR use. Keep cameras recording during any interactions with suspects. Cameras
should be used during the booking process in thejail and when transporting suspects.

Kwon:

'l'elestal?l? updates

(ircgson:

recruiting and hiring updates (see summary below)
'l'raining Requests

0 CAP Team room clearing
I Ol'c. Medeiros Ofc. Turner CoCo

Chiel?:
Discussed how TBA assignments are allocated lior Ol?ticers who have completed the ?eld

training program.

Discussed nevv ll hour schedule. Lt. Lopez. and Lt. vaon discussed advanced planning tor
Iilling empt} overtime slots and looking day 5 out for inverse assignments. Overtime and
inversing have been reduced vvith the new schedule. but require more planning due to the lack of
overlapping days off. or K9 are used to [ill last minute overtime. then they should be

COMMAND STAFF MEETING NOTES

6!9l?1 5

Present: Chief Rainey: Deputy Chiefs Fairow, and Glenn-Davis; Lieutenants Alvarez,
Coontz, Haight, Hayes, Kwon, Gregson. and Lopez; Sergeants Williamson, Vegan.
Power, and Sekhon; Cheung, Cromer, Supervisor Morgan; Detective Wof?nden; Officer

Darn.

Outstanding payroll and case assignments were reviewed.

Staff notes for 612f15 were reviewed and approved.

Chief Raine-y:

Led a discussion of radio issues. The consensus was that the radio reception
problems are improving, but that there are still sporadic problems in certain
areas. The installation of new equipment in San Francisco is ongoing, which will
hopefully improve reception in the West Bay.
Discussed the recent rash of auto burglaries at Bay Fair Station. Zone 3
personnel are working on a strategy to combat this crime trend.
Reviewed a recent NCRIC bulletin regarding the surveillance of non-sworn police
employees in San Leandro by a suspect. The suSpect was identi?ed as Marco
JAUREGUI (09f17'f84). All personnel are reminded to be vigilant and aware of
the possibility of surveillance by those who are not police supporters.
Led a discussion of use of force reporting. Sergeants are reminded to:

Use the Alliance report writing descriptions of persons (Suspect, Arrestee.

Sick Person, Detainee) in your use of force investigation narratives, rather
than referring to the people that force has been used upon as "citizens," or
other non-specific terms.

Axon Activation the department expects that all personnel equipped
with an Axon camera will activate the camera at the moment they decide
to make an enforcement stop on a person. When responding to a priority
call for service, personnel are expected to turn their camera on while
responding to the call, rather than waiting until they arrive on scene. The
intent of this expectation is that the entire contact with a person will be
captured. This will prevent frivolous claims that an officer said something
to the person that is not captured in the 30 second buffer that resulted in
the person resisting the detention. Activating the camera while
responding, either on foot or in a car, will prevent officers from forgetting to
activate the camera after they arrive and allow them to focus on officer

safety and tactical considerations, rather than trying to remember to
activate their cameras in a chaotic situation. It is recognized that there will
be a few situations where the officer is confronted with a person requiring
immediate use of force. In those situations, officers should activate their
cameras as soon as practicable. Personnel are reminded that, absent
significant mitigating circumstances, the failure to activate the Axon
camera when the decision is made to make an enforcement contact on a
person, so that the entire contact is captured on both audio and video,
may result in possible discipline. If the ?rst video captured on a contact is
the officer already in a physical struggle with a person, the officer and
investigating sergeant need to document the mitigating circumstances that
prevented timely activation of the camera.

Personnel are reminded to conduct daily testing of their Axon cameras, as
required by policy. In the event that an officer?s camera malfunctions
during a use of force case, and the camera was never function checked at
the start of the shift, it will be difficult to justify mitigating circumstances.

A revision to the Axon policy will be forthcoming, but effective
immediately, all personnel with Axon cameras are required to record
prisoner transports and bookings. In the event thatjail personnel
instruct officers to turn their cameras off. personnel should obtain the
name of the official directing them to turn the camera off, and document
that in their report. Executive staff will then take the issue up with the
involved policefsheriff?s department to clear up any conflicts.



If}

Lt. Alvarez:

The department?s contract with Lexipol for daily training bulletins will be renewed
in July. Effective 7'f1i15, all personnel will be required to complete 8 daiiy training
bulletins per month. Lt. Alvarez wili identify the required bulletins at the
beginning of each month, as is the current practice.

Lt. Haight:

All personnel are reminded to make sure that any vehicle tows for violation of no
parking signs are conducted properly. This includes making sure that signage is
lawfuily posted. Traffic officer Busse is working to make sure that regulatory
signs posted by the District comply with the Vehicle Code, but officers are
reminded that unless the signage is posted in advance, is in the proper format
(red and white tow-away), the vehicle should not be towed. It may be cited for
the violation. but should not be towed. If the signage is not proper, the
department will have to absorb the tow and store fees.

Command Stal'l'Notes. July 14. 20 5

Attendees: Chiel? Raine}: Depot} Chiefs Jennings and Fairow: lieutenants Ledl'ord. Forte.
Coontz- llaight. Kwon. Alvarez. lltwes. Lopex. and Gregson: Sergeants Vegan and Power;
Supervisors Morgan and Cheung; Managers Cromer and Blagg; Acting Admin Analyst Rinker:
Of?cer Dam

Chiel'Rainev:
1- Chief's Hook reviewed and updated

DC Jennings:

I Report on Outstanding Assignments

0 Report on BAP Non-paid Status

0 Approval of Sta l'l? notes from July 7. 2015

0 Recent arrests involving ?rearms. great job by officers. a reminder to be safely consciotts
when contacting suspects

- Of?cers are to video record the booking process of arrestecs at jails unless there is a
written polic} prohibiting recording. [fan individual jail employee tells a officer
to not record. then the officer should ask to speak with a supervisor. and if the
supervisor instructs the of?cer to stop recording then the of?cer should do so but
should also get the supervisor's name to document in the olliccr?s report

0 The BART [Employee Resource Groap will he collecting non-perishable Food items for
local food banks from June to Jul} Donations will benefit communities in
Alameda. Contra Costa. San Mateo. and San Francisco Counties. See for
more information. 

Sergeant Vogan:
- Nest shilt selection will take effect September I4. 2015

Lt. Alvarez:
II National Night Out. rosters due July 28. 20 5

Lt. Kwon:
I Xone3 Compstat
II Department wide training for Warm Springs extension will take place prior to station
opening {projected for fall EU 5]

Lt. ('oontz:
0 Supervisors should not add markers or comments to AXON videos on evidencc.com. It?
you want to make comments. download the video tile and mark-up outside of
evidencecom.

8/16/2016 Pro?le Report; 3IANTA, NOLAN IV - POST EDI

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINLNG


1 Ti} 33;,

J.

Name: PIANTA. NOLAN POST 

Agency: BAY AREA RAPID TRANSIT PD

Sex: AKA: NO ALTERNATE NAMES ON FILE
Raco: 

Report generates on 8/?6/2016

 

8,180016 Pfoile Re PIANT NOLAN - POST EDI

 

 

 

 811612016 Tralnoolnforma?on- POSTEDI



Course Rosters - Trainee Information

Course: ARREST CONTROL TECHNIQUES - 20995

BAY AREA RAPID TRANSIT POLICE DEPARTMENT (3700)
Course Control Numbex: 

Presentation Hours: 8

Presentation Dates: - 05/191241?

Presentation Location: 800 MADISON STREET, OAKLAND

 

 

 

 

 

 

 

 

 

 

Plan: 
Enrollment: 9/ 8
POST ID Name Tmee Status Dept Or Agency Comments

DAY AREA RAPID TRANSIT PD 8 
BAY AREA RAPID PD 3 
BAY AREA RAPID TRAnsrr PD a 
BAY AREA RAPID TRANSIT PD 8 
BAY AREA RAPID PD 8 
BAY AREA RAPID PD 8 
BAY AREA RAPID Po 8 
BAY AREA RAPID PD 3 
BAY AREA RAPID 1mm PD 8 

 

 

 

 

 

 

 

 

 

 

 

SF. Bay Area Rapid Transit District Police Department
Arrest and Control

 

 

 

Arrest and Control Training
CPTN - 20 I 4

MISSION: Arrest and Control instructors will provide of?cers of this department with Arrest
and Control training.

GOAL: By utilizing hands-on guidance. Arrest and Control instructors will teach the
Of?cers of this department the proper searching, cuffing, takedown, and ground
control techniques.

1. (gajsk)
0 Roundtablc (any questions from participants on UOF policwHandcuffing policy
participants required to review prior to training}.
Responsibility of Of?cer to notify supervisor on use of force
0 Searching must be systematic and
I Of?cer must be ?switched on? with proper mind set
I Graham V. Connor
1. Officer with similar training and experience
2. In similar situation
3. Act in similar manner
Not best decision, but reasonable one
0 Scott v. Heinrich
1. Force Options
2. No need for escalation of force options
I Safety Points:
0 Injuries (Past, Present, d: Future)
0 Spatial Awareness
0 Dangerous Conditions
in Turning on NWR

BREAK

2. Power point! Videos 
I Discussion of reasonable force
a Discussion of well-articulated UOF reports
0 Photos/ videos of subjects displaying pre?assaultive behavior

 

0 Videos of of?cers involved in uses of force
0 Discussion of Role of Cover Of?cers (contactv cover)

3. Warm-up (3)

Jumpng jacks (25)

Neck movement (left, right, up, down, right ear down, left car down, look down at left toe
then look over right shoulder, look down at right toe then over left shoulder, rotate head
in a circular motion to the left and then to the right) 4 reps each.

Shoulder rotations forward and back. 10 reps.

Arm rotations forward and back (small circle to large circle and vice versa). 10 reps.
Side bends (left and right). 4 reps.

Trunk twist (left and right). 4 reps.

Bend at the waist front, then le?, then right (all static).

Bend at the knees, grab toes, lower buttocks and pull up on toes to stretch lower back.
Hamstring stretch

Quad stretch

While ?at on back, knees to chest, then extend leg to stretch hamstrings by grabbing toe
(if can?t reach, then grab back of leg)

On stomach spider stretch (hands underneath chest and slowly lift head, eyes, nose, chin,
neck and chest)

Wrist stretches perform 4 reps each .. both sides

a. Palm facing towards body, opposite hand grabs back of hand with ?ngers
wrapped around meaty portion of opposite hand and thumb on the back of the
knuckle line. Flex pinky ?nger towards body while bending the wrist.

b. Palm down, thumb towards body. Opposite hand positioned over the top with
?ngers grabbing the blade of opposite hand with the thumb and index ?nger
wrapped around the wrist. Flex arm forward, left, right, and above the head (twist
lock).

c. Utilizing the same grip as in step 2 (palm down) ?ex elbows towards each other
to ?ex wrist.

d. One hand (lingers pointed away from body) thumb down. Use opposite hand
(thumb up) to grab the back of the hand and pull wrist towards body and rotate
?ngers towards the nose (?Nikio? position).

e. One hand in front of body, palm up, opposite hand grip ?ngers and ?ex ?ngers
towards the ground (?hvaterfalP motion)

f. Break falls

4. Footwork (from POI) 4 reps each HI 

Forward shuf?e
Rear shuffle
Left shuf?e
Right shuf?e
Normal pivot
Shuf?e pivot

 

0 Progressive pivot
0 Break falls

BREAK 
5. Personal Body Weapons (from POI - From a ?ready position?)

111 (biggi)
Three reps each(have participants perform each strike with a series of ?'ont, rear, left,
right, and shuf?e pivots)

a) Palm Heel Strike

A. Right
B. Left
C. Combination

b) Hammer Fist strike
A. Right
Le?
C. Combination

0) Under Punch
A. Right
B. Loft
C. Combination

d) Elbow strike (lateral, downward, upward)
A. Right
B. Left
C. Combo

BREAK

e) Front knee strike
A. Right
B. Left
C. Combo

1) Front kick! Push kick
A. Right -
B. Left
C. Combo

g) Low round house kick.
A. Right
B. Le?
C. Combo

BREAK

h) Instructor calls out the personal body weapons transition drills on the striking bag
(3x1 minute paced round). 

 

BREAK

6. Ground Control Techniques 

0 Sitting In Basel Ground Fighting Position (Movements) - 4 Reps each
Left Shuf?e

Right Shuf?e

Rear Shuf?e

Circle Right Shuffle

Circle Le? Shu?le

Delivering Kicks

rho 9-9 

0 Stand Up In Base - 4 Reps
0 Pop Up in Base- 4 Reps
1. Standard Variation
Distance Creator
7. Bridge Instruction

I Drill 3x5 stand up in base, pop up in base, bridge (right and left)
BREAK

- Trap and Roll Escape - 4 Reps each
1. Standard Variation (Strangulation Defense)
Punch Block Variation

0 Escape from the Open Guard 4 Reps each
Pop Up In Base (Modi?ed)
Normal Pivot Escape

BREAK

Scenarios (Group) 

1. The of?cer contacts the suspect. The of?cer request?s for the suspect?s identi?cation
card. The suspect hands the of?cer the identi?cation card requested. The suspect
becomes an assailant by striking the of?cer, which causes the of?cer to go to the
ground. The of?cer must begin to defend themselves by using the lessons they have
learned to get back to their feet and transition to a force option. The scenario ends.

 

2. The of?cer contacts the suspect. The officer request?s for the suspect?s identi?cation
card. The suspect hands the of?cer the identi?cation requested. The suspect
becomes an assailant by striking the of?cer, which causes the of?cer to go to the
ground. The of?cer must begin to defend themselves by using the lessons they have
learned, because the assailant has taken the advantage by mounting the of?cer. The
of?cer must reverse their position of being mounted, and get back to their feet, and
transition to a force option. The scenario ends.

BREAK
8. Searching] Handeuffingl Self-Defense (3 Reps per Of?cer) 

I 
a) Quick Cuf?ng (low risk)
1) Grabbing of ?ngers
Twist-locks (top to bottom; bottom to top)
b) Twist-lock (medium risk)
1) Cursory search
Upper body search
Female searches
Handcu?ing
Lower body search
e) Suspect resists the Twist-lock Control Hold
1) Takedown to prone control
Waterfall/ Bladed hand takedown
Circle Down takedown
d) Prone Handcuf?ng (high risk)
1) Challenge suspect
Handcuf?ng
Search

e) Assailant grabs officer chest area or neck
(1) One handed defense
0 Arm Sweep takedown
(2) Two handed defense
0 Same side hand- Reverse wrist with distraction strike
0 Opposite hand- Bar Arm

BREAK

Scenarios (Solo)
1. The of?cer contacts suspect for smoking on the platform. Of?cer orders for identi?cation
card from the suspect and the responds with a polite de?ance. Suspect apologizes for smoking,
puts out the cigarette, and walks away. The of?cer stops the suSpeet, the suspect identi?es 
themselves verbally, and the warrant return is 10-26/ UTL ID. The suspect begins to walk away.
The of?cer needs to stop the suspect. The suspect complies with all commands. Ultimately a

handcuf?ng and searching is conducted. The search of the suspect produces a weapon. The
scenario ends.

 

2. The officer contacts suspect for fare evasion. The suspect complies with the of?cer orders. A
warrant check produces an search clause. The suspect complies with the search clause.
During the search, the suspect becomes resistive to the of?cer. The of?cer must control the
suspect using the lessons they have'leamed. The of?cer handcuffs the suspect and the seenario
ends. 

REMINDER
A memo must be completed and submitted to supervisor if an Of?cer is unable or
unwilling perform any of the above listed Defensive Tactics tecniques.

END LESSON

 

NOTES:
Hourly Distribution
Attendance roster/admin/safety brief 10 min
Power Point! Report Articulation! Discussion 45 min
Break 10 min
Warm up 15 min
Footwork . 10 min
Break 10 min
Personal Body Weapons 60 min
Break 15 min
Ground Control 100 min
Lunch 90 min
Searching! Handcuf?ng/ Self-Defense 90 min
Break 10 min
Debrief 15 min

Total 8 hours

 

 

 

Case No.
1403-2632

 

 

 

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

Were photographs taken of the subject? Yes

No (If no, explain)

There was MVR footage and a photo taken ul?lcr the second 

 

 

 

 

 

 

Was subject interviewed? Yes No (If no, explain)
md not want to speak \xith mc.
Was interview recorded? Yes No (If no, explain)
1)Was video of the incident available? Yes No
2) Was video Hotline noti?ed? Yes El No
3) Was external video available? Yes No Unknown [3 NIA
4) Was a canvas for witnesses conducted Yes No (If no, explain)

 

5) Describe injuries to others due to subject?s actions None

 

 

6) Were photographs taken of involved of?cer? Yes


 

No (If no, explain)

 

 

 

 

 

 

Were witnesses interviewed? Yes

 

No (If no, explain)

 

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

NARRATIVE SECTION

 

Supervisor?s Analysis of the Incident:

 

 

Include comments on the original detention, witnessi'statements and description of the subjects actions during/after
the conmct.

 

 

INTRODUCTION:

On 3/17/14 at about 1834 hours, I responded to the platform at the Lake Merritt BART station for a suspect who was

placed into custody after she had resisted rr . The suspect was later identi?ed as I also
responded to the second UOF regarding uned at Santa Rita Jail check-in counter at 2006 hours.
Lastly, I responded to Eden Hospital to interview he was being treated there.

INVOLVED PERSONNEL:
Of?cer B. Trababino #102. Of?cer R. Carrasco #268. O??cer N. Pianta #116

Upon my arrival, at the Lake Merritt BART Police substation, I met separately with Of?cer Carrasco and Of?cer
Trabanino in the Sergeants of?ce. Of?cer Trabanino stated the following to me (summarized): On 3/17/14 at about
1825 hours, while Of?cer Trabanino was assisting a sick a patron on the platform at the Lake Merritt station he was
ila ed down an unknown subject who suggested that he check on a female who was later identi?ed as suspect
as on the platform sitting on a bench nearby. After Of?cer Trabinino made contact with

he determined she was under the in?uence and unable to care for her own safety 

touched and pushed Of?cer Trabanino's gun belt in the area nearthe front center of his belt where
his 'stol magazines are positio . Trabanino was waiting for his cover unit to arrive and had warned
knot to touch him but refused to be compliant by yelling Obscenities at him and not staying still.
Of?cer Trabanino was attempting to place S-lnder anest for being Intoxicated in public and for not being
able to care for her own safety, 647(f) PC. Of?cer Trabanino grabbed onto S-S left wrist in an attempt to
place her into a twist lock control hold, but she continued to resist by twisting the front of her bed towards Of?cer
Trabanino. Of?cer Canasco arrived on scene and assisted Of?cer Trabanino by grabbing 8 other arm.
Of?cer Trabanino stated he and Of?cer Canasco guided - to the ground. After Trabanino was able to get
S-on the ground she continued to resist by kicking her feet towards Of?cer Trabanino and Of?cer Carrasco.
Of?cer Trabanino was able to handcuff - check for proper ?t and double lock each of the handcuffs. Of?cer
Trabanino and Of?cer Carrasco were in the process of relocating 8-0 the Police Of?ce at the Lake Merritt
station; when _continued to resist and delay of?cers by dropping all of her weight by spreading her legs

a rt and lowering her buttocks towards the ground and sa 'ng ?fuck no!" just prior to going up the escalator.
Shrefused to move. Due to the fact that 8d refused to move Of?cer Trabanino applied a rear wrist
lock. Of?cer Trabanino placed Sheehan into the holding cell and stated S?lad slipped her handcuffs off
while in the holdi cell. Of?cer Trabanino stated he did not have any other involvement with - Of?cer
Trabanino stated was not injured and neither was she as a result of the use of force.

 
  
  
 

  
  

I spoke separately with who corroborated everything Of?cer Trabanino stated above. Of?cer
ted he saw ush Of?cer Trabanino. Of?cer Carrasco saw Of?cer Trabanino struggling with
Of?cer Carrasco grabbed onto right arm and guided the ground along with
Of?cer Trabanino. Of?cer Carrasco stated he may ave been hit in the face by 8 foot when the were
handcuf?ng S-but was not certain. Of?cer Carrasco did not have any other involvement with
Of?cer Carrasco stated -was not injured and neither was he as a result of the use of force.

  

independently spoke with Of?cer N. Pianta #116 at Eden Hospital in Castro Valley regarding his use of force that
occurred at the Santa Rita Jail check in counter. Of?cer Pianta stated the following (summarized): Of?cer Pianta had

 

2

 

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

transported Wow Rita jail to be booked on the charge of resisting arrest 148(a) PC and Intoxicated 
in public as compliant and was told to approach the counter to check in for booking at Santa 
Rita Jail. The intake Of?cer advised Ofc. Pianta to uncuff S-then started going through her
purse that had personal items such as pens and a hairbrush that could be used as a weapon. .also stated
earlier that she had a needle in her purse and was going to stick an Officer, Of?cer Trabanino with it. The needle

. was not recovered during the search of her purse by Of?cer Pianta or Trabanino. Of?cer Pianta ordered 8-
to not go into her purse for Of?cer safety reasons, but she refused, which is a violation of obstructing and delaying
148(a) PC. Of?cer Pianta for his safety elected to grab -8 purse so she would not be able to go inside of

her purse.



_grabbed onto her purse strap as Of?cer N. Pianta was attempting to take possession of the purse from 
the check in counter. Of?cer Pianta ordered _to let go of the purse. S-refused to comply. 
8 continued to hold onto the purse while screaming and swearing at Of?cer Pianta. Officer Pianta placed

5 left arm in a twist lock control hold and leaned her agWounter in an attempt to gain control of

 

 



 

The twist lock control hold did not have any effect on and she was able to twist the front of

her bodytowards Of?cer Pianta. -then started to hammer punch violently with a clinched ri ht ?st towards

Officer Pianta?s face, coming within inches of making contact with his face. Of?cer Pianta ordered Sho the

ground tinued her assaultive behavior of throwing pun Of?cer Pianta's face. Of?cer Pianta

. placed 8 into arm bar control technique and he drived We the ground. The bar arm take down
control technique was taught to Of?cer Pianta when he had attended the Contra Costa County Police academy that
is licensed by the Peace Of?cer Standard and Training (POST).

  
    
 
 

As a result of the bar arm take down, -landed on her face and did not use her right free arm to prevent her i
i from hitting her head on the ground. As a result of the take down -nay have been unconscious for a brief
amount of time (one to ?ve seconds).

It should be noted that many of the POST. certi?ed takedowns are dynamic in nature. The take down involves a
combination of speed, leverage and aggressiveness by the individual Of?cer in order to gain immediate control of a
combative suspect as quickly and safely as possible; all which must be reasonable. Based on my investi ation.

Of?cer Pianta was reasonable in using a bar arm take down technique forthe following reasons: 1) 8*
refused verbal commands to leave her purse alone. 2) S- refused to turnover her purse after being told do so
repeatedly 3) The purse had to be forcibly removed from her gras .4 -managed to resist a twist lock
control technique to her left arm; that Ofc. Pianta had applied to in the hopes that ?would

. comply and that he could handcuff her. 5) elected to ignore Of?cer Pianta?s repeate ver a commands to
stop resisting, 6) Lastly; S-esorted to using physical force against Ofc. Pianta by throwing consecutive
hammer ?st punches towards Of?cer Pianta?s face.

A hammer ?st punch to the face is when the subject clinches their fist, The subject winds-up their arm and brings
their ?st above their head and forcefully strikes their ?st into the face of their intended victim. It should be noted, the
generated energy from winding up and striking down with a hammer ?st towards the victim's face could have
reasonably caused great bodily injury or death to Ofc. Pianta. In order to prevent great bodily in'u or death to
himself it was reasonable for Ofc. Pianta to defend himself and use a bar arm take down on *to order to
gain control of After Ofc. Pianta took 8- down to the ground using a bar arm take down.

 

Note: Of?cer Pianta rendered ?rst aide to 8- after applying the take down and advised BART Police dispatch
for a code 3 (emergency lights and siren) ambulance to respond to the scene and that he had a use of force. I
(Sergeant Szopinski) advised BART Police dispatch that Wresponding to Santa Rita Jail to conduct a use of
force investigation. Paramedic Plus #5290 transported 0 Eden Hospital for treatment. Upon being
discharged from the Eden hospital, S-was booked at Santa Rita Jail.

 

b)

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

 

 

SUSPECT INTERVIEW:

initiall met with S-at the holding cell located in the BART Police substation at Lake Merritt BART station.

stated she was not injured and I did not see any visible injuries to her. S_stated. ?l FUCKED
(referring to hersel . _refused to give me a statement at Lake Merritt BART station and at Eden
Hospital. I advised at the Lake Merritt holding cell that she was being transported to Santa Rita Jail for

booking and to not make matters worse for her and to cooperate with the Of?cer. When I arrived at Eden hospital, I
could not see S-S physical appearance at the Eden Hospital due to her being in her a very dark room and
refusing to being interviewed. There wasn't any light on in the room and it was night time.

WITNESS INTERVIEWS:
I interviewed all of the witnesses separately.

I spoke with witness CSO A. Shah J355 who stated she had witnessed Of?cer Trabanino contacting S-on
the platform at Lake Merritt BART station. Shah stated she heard Of?cer Trabanino telling _to not go in
her urse. SHAH stated she heard _state there was a needle in her purse and that she could hurt him.
Shalso stated she was a terrorist. Shah saw S-s?ike Of?cer Trabanino the magazines
pouches on his duty belt. SHAH stated she saw Of?cer Trabanino attempting to handcuff Sh. SHAW then
saw Of?cer Carrasco arrive on scene and assist Of?cer Trabanino. Shah stated she then saw all three (Of?cers
Trabanino. Carrasco and fall to the ground. Shah stated she saw 8 kick Of?cer Carrasco in the
face with the sole of her sandal that she was wearing while attempting to handcu her.

  

 

I spoke with witness CSO J. Resete J344 who stated the same as witness Shah stated occurred.

I interviewed Alameda County Sheriff technician Michelle Buckhout #444 who stated she had been in the process of
in-taking _at the Santa Rita Jail check-in counter. Buckhout stated that it appeared to her that
was compliant and advised the Officer being Of?cer Pianta to uncuff her being _so she could si or er
property. Buckhout remembers a struggle ensuing soon after S-ras uncuffed and that Siw

  
   

anted
her purse. _recalls the Of?cer Pianta grabbing onto S-s left hand, while was still
holding onto her purse. Buckhout stated she saw -ake a swing at Of?cer Pianta?s head when another

Oakland Police Of?cer was walking over to assist. Buckhout stated Of?cer Pianta then took Ho the ground

 

but could not see S-on the ground due to the counter obstructing her view. Buckholt state could not

 

hear the conversation between Of?cer Pianta and S-lue to the bullet proof glass portion.

I spoke with Oakland Police Of?cer Kitrell Caner #8702 via landline. Of?cer Caner stated he had observed a female
suspect who was very belligerent at the intake counter at Santa Rita Jail. Carter stated he saw SHEEHAN throwing
punches at Of?cer Pianta. Of?cer Caner stated he saw Of?cer Pianta do a take down on Sheehan. Of?cer Carterfelt
the force was reasonable and justi?ed.

I spoke with Oakland Police Officer Paul Phillips and Mike Stolzman via landline. Both Of?cers (Of?cer Paul Phillips
#8903 and Mike Stolzman #8576) stated they had all had witnessed the sarre account as to what had occurred and
all of them stated the force that Of?cer Pianta used on was reasonable and justi?ed. Of?cer Stolzman
added that he had assisted Of?cer Pianta by grabbing the purse from grasp. Of?cer Stolzman said after
grabbing the purse from S- the following happened so fast: as punching Of?cer Pianta in the
face, so he attempted to grab onto S-S right arm as Pianta did the bar arm take down.

 

  
 

 

 

 

BART POLICE DEPARTMENT
SUPERVISOR USE OF FORCE REPORT

 

 

 

Conclusion: Officer Stolzman had his duty issued body cameras on and stated he had reviewed the video footage
and the video footage is consistent with his statement. I had separated and interviewed all known parties that were
involved or witnessed this event. I have reviewed all video pertaining to this event except the video footage captured
on Oakland Police Of?cer Stolzman duty issued camera. I have requested all captured video from any all Oakland
Police Officer?s who may have captured video of this event. The UOF report was delayed due to being down
for a 30 hour period. Based on my investigation, I have determined that Officer Trabanino. Officer Carrasco and
Of?cer Pianta, had used the reasonable amount of force necessary and were justi?ed in using the afore mentioned
force that is set forth under BART Police Lexipole policy of Force. This concludes my investigation of this
I matter. This concludes my investigation. Sergeant Szopinski S21.

Prepared by: Sergeant. 

Name-Star

BART PD
Use Of Force Report

Incident Entered By: Sergeant Steve Szopinski
Assigned Investigator: Lieutenant Steven Coontz

Incident Details

 

Date Received Date of Occurrence Time of Occurrence
3/18/2014 3/17/2014 18:34

IRecord ID Case It IA Case Number
2559 1403-2632 UOF2014-061

Date/time Entered
3/18/2014 03:36

Incident Summary

 

Suspect S_was determined to be by Officer Trabanino on the platform at LMA. - had
pushed Ofc. Trabanino just prior to him attempting to arrest S_f0r being intoxicated in public.
was rsisb?n arrest while Ofc. Trabanino attempted to place her hands behind her back. Ofc.
Trabanino placed in a bent wrist control hold mat she was attempting to escape from. Officer
Carrasco arrived on scene and both Of?cers were able to take .to the ground and place her under
arrest. Upon arrival at Santa Rita Jail, - had intentionally threw a hair band in Ofc. Pianta's face.
refused to obey commands to not go into her purse while standing at the in-take caunter. Ofc.
Pianta attempted to place _in a bent wrist but she managed to twist around and throw a unch
towards Ofc. Pianta's face. For Ofc. Pianta?s safety he took a modified arm bar take down of
was injured as a result of the takedown and was transported to Eden Hospital for treatment.
was admitted into the hospital and was in stable condition. 5-was charged with 69PC,
2, 243(8), 647(f) PC and a prohibition order.

  

Incident Location

 

800 madison Street, Oakland, CA 94612

Use of Force Specific Information

 

Reason for Use of Force Service Being Rendered

Assaulting Citizen Flag down

Weather Condition Lighting Condition Distance to Citizen
Inside BART Station Station Lighting 0 to 3 feet

Citizen Injured Citizen Taken to Hospital Citizen Arrested
Yes Yes Yes

More than 1 Citizen Involved

N0

citizen?s Build Citizen's Height

Medium 

Officer Assessment of Citizen Condition During Incident

Alcohol and unknown drugs

Officer?) Injured Officer(s) Taken to Hospital
No No

Reporting/Involved Citizen Information

 


Race: White Gender: Female

Types of Resistance Citizen Used Against 0fficer(s)
. Active Resistance

 

Injuries sustained by this citizen

Injury Regions
Medical Treatment/Hospital 1

Charges against this citizen
. Resisting Arrest
0 Crimes Against Person (Fel)
0 Crimes Against Person (Misd)
0 Public lntoxncation

Involved Officers

Inju ry Locations

 

Officer Reynaldo Carrasco - Network ID: 061631

Force used by this officer against the citizen
0 Take Down - Was force effective: Yes

Force Used Effective? Regions Points of contact
Take Down Yes Injuries sustained by this officer
Injuryr Regions Injury Locations

No injuries noted or visible

Officer Nolan Pianta - Network ID: 061709

Force used by this officer against the citizen
- Control Holds Was force effective: No
- Take Down - Was force Yes

Force Used Effective? Regions Points of contact
Control Holds No 5 1
Take Down Yes 5, 6 2, 3

6 7

Injuries sustained by this officer

Regions Injurv Locations

Injury

No injuries noted or visible

Officer Bryan Trabanino - Network ID: 061462

Force used by this officer against the citizen
- Take Down - Was force effective: ?r?es

Regions Points of contact

Force Used Effective?
5. 6 1, 2

Take Down ?r?es

Injuries sustained by this officer

Injury Regions

No Injuries noted or 

Citizen Witnesses

M-E-

- Race: White - Gender: Female

Addreis

Phone



- Race: Black - Gender: Male

- Race: Unknown - Gender: Male

   

 

 

Injury Locations

Phone




- Race: Pac Islander - Gender: Male

Phone

- Race: Unknown - Gender: Female

in?-

- Race: White - Gender: Male

  
  

 

Attachments

 

No attachments

Chain of Command History

 

Sent Dt From To CC Approved
3/19/2014 Sergeant Steve Szopinski Lieutenant Gilbert Lopez (none)

Sender's Instructions: I have reviewed all video pertaining to this event (1403-2632) and I have
interwewed all parties involved and who had Witnessed the UOF. Based on investigation I have deemed the
use of force by Officer Officer Cariasco and Officer Pianta were reasonable and justified per
Lexipole policy 300. $21

Recipient's Comments/Response: Per your request. GL

3/22/2014 Lieutenant Gilbert Lopez Se'geant Steve Szopinski (none)

Sender's Instructions: Per y0ur reouest. GL

Recipient's Comments/Response: Lt., I have rewewed all video pertaining to this event (1403-2632) and I
have interviewed all parties involvec along With parties who had witnessed the UOF. Based on my
investigation regarding this use of force (1403-2632) I have deemed the use of force by Officer Trabanino,
Officer Carrasco and Officer Pianta were reasonable and justified per Lexipole policy 300. Sgt. Szopinski 821

3/22/2014 Sergeant Steve Szopinski Lieutenant Gilbert Lopez (none)

Sender's Instructions: Lt., I have rewewed all Video pertaining to this event (1403-2632) and I nave
interviewed all parties involved along with parties who had witnessed the UOF. Based on my investigation
regarding this use of force (1403-2632) I have deemed the use of force by Officer Trabanino, Officer
Carrasco and Officer Pianta were reasonable and Justified per BART Police Department LeXIpole policy 300.
Sgt. Szopinski 521

Recipient's Comments/Response: [Forwa'ded by Lieutenant Gilbert Lopez]

4/9/2014 Lieutenant Gilbert Lopez Sergeant Steve SZOpinski (none)

Sender's Instructions: Steve, this UOF needs the following information/clarification: (1) Pg. 1 of your
narrative - "He did not want to speak with me" You're referring to the female subject, so change "He" to
"She"; (2) In your interview of Trabanino, you indicated the scbject continued with her "assaultive" behavior
of Trabanino - how so? Describe the assaultive oehawor?; (3) In your interview of Piarta, he told you that
while at Santa Rita the subject reamed into her purse which contained items that could be used as weapons

- was the purse searched at all prior to the subject being transported to jail? Did Pianta search the purse?;
(4) Double check 1st. para. last sentence of your interview with Pianta - you wrote, (5)11?
able to recall - description of control used upon the subject by Pianta prior to arm bar takedown; (6)
Describe how you learned about Pianta's UOF at the jail?; Describe the subject's physical appearance
when you contacted her at the hospital, after the second (8) Describe whether all witnesses, including
OPD officers, were interviewed separately; (9) Any DPD officers' video of the UDF at the jail
collected? If not, you need to follow up with (to) How did OPD chr. Stolzman attempt to assist Pianta
with the subject at the jail? Why was he unsuccessful?; {11} Explain why Pianta turned off MVR at jail ?prior
to his (12) Explain delay in submission of report past 24 hour time I recall correctly, you were
experiencing some computer issues; {13} Add your name and star number to UOF report; (14) Please note
that many takedown techniques, such as the arm bar takedown, are dynamic. That is, they involve a
combination of speed, leverage and aggressiveness by the officer in order to gain control of a combative
suspect as quickly at as safely as possible; all of which must be reasonable. Having said this, descriptions of
the latter portion of a takedown, such as her to the appear to contradict the takedown
technique. In other words, if the bar arm takedown technique is used, it is alright to describe it as such in
any report. If you wish to expand on the pressure applied to the subject's in order to pin him/her
and continue with a control hold to handcuffing, then it should be explained as such. Please see me if you
have any questions re: any portion of this follow up. Thank you. (3L

Recipient?s CommentszeSponse: [Forwarded by Sergeant Steve Szopinskij

14 Sergeant Steve Szopinski Lieutenant Gilbert Lopez {none}

Bender's Instructions: Lt. The uof has been resubmitted for your approval. Sgt. Szopinski 521
Recipient's Comments/Response: [Forwarded by Lieutenant Gilbert Lopez]

4/22f2014 Lieutenant Gilbert Lopez Sergeant Steve Szopinski (none)

Sender's Instructions: Steve, Still need the following: activation reminderfs] for Carrasco and
Trabanino; An ETA of a copy of DPD vivue video footage of the incident; Reasonts) as to why Pianta
turned off while in the booking area of Santa Rita prior to/during the use of force; and Re-review
MVR footage of Pianta's video prisoner transport as it appears, at times, he is driving at a high rate of speed -
provide a reminder to the officer to drive at appropriate speeds, especially with a prisoner in the rear seat.
Thank you. GL

Recipient?s Comments/Response: LL, 1] I reminded Ofc Trabanino and Ofc Carrasco to activate their 
camera's as soon as they are aware there will be a detention and went over taser policy. 2) An ETA on getting
a copy of OPD's Vi?v'ue should May 2nd, 2014. 3) The reason why Ofc. Pianta turned off his MVR is he
believed their was unwritten rule to turn off his MVR upon entering the jail. ch. Pianta noticed that he still
had his MVR on after he had entered the jail and elected to abide by the unwritten rule. I have advised Ufc.
Pianta to keep his MVR on while booking? in subjects at the jail and to also advise jail staff that his camera is
activated. 4} have spoken with (life. Pianta regarding his driving with and without prisoners. Respectfully,
Sgt. Szopinski 521

4,!26f2014 Sergeant Steve Szopinski Lieutenant Gilbert Lopez (none)

Sender's Instructions: Lt., 1) I have reminded Ofc Trabanino and Ofc Carrasco to activate their MVR
camera's as soon as they are aware there will be a detention and went over the taser policy. 2) The ETA on
getting a copy of OPD's VivUe should be no later than May 5th, 2014, due to me being off till then. I will write
supplemental report when I receive the copy 3) The reason why Ofc. Pianta turned off his MUR is he believed
their was unwritten rule to turn off his MUR upon entering the jail. Ofc. Pianta noticed that he still had his
MVR on after he had entered the jail and elected to abide by the unwritten rule and turn off his MVR. I have
advised Ofc. Pianta to keep his MVR on while in the process of booking- in subjects at thejail and to also
advise jail staff that his camera is activated. 4] I have spoken with Ofc. Pianta regarding his driving with and
without prisoners. Respectfully, Sgt. Szopinski 5321

Recipient's Commentsf?esponse: Based upon all information available for this incident, the use of force
employed by all BART Police personnel was reasonable, within policy and justified. GL 

4/2?j2014 Lieutenant Gilbert Lopez Lieutenant Steven Coontz {none}

Sender's Instructions: Based upon all information available for this incident, the use of force employed by
all BART Police personnel was reasonable, within policy and justified. GL aLlU

Recipient's Comments/Response: UOF Review Board, please review and respond with your findings. No
issues noted beyond those already addressed by supervisors.

Lieutenant Steven Coontz Sergeant Brando Cruz Officer Stewart Lehman

Sender's Instructions: Please review.
Recipient's Commentszesponse: footage and reports reviewed. UOF reasonable and within policy

300.
Sergeant Brando Cruz Lieutenant Steven Coontz {none}

Bender's Instructions: Please see comments.

Recipient's Commentisesponse: LJOF Review Board (Coontz #18, Cruz #24 and Lehman #192) reviewed
this incident and found the usas of force to be within policy.

313/2014 Lieutenant Steven Coontz Deputy Chief Jeffrey Jennings (none)



I

Sender?s Instructions: Within policy.
Recipient's Comments/Response: I viewed the Santa Rita Jail video and concur that the use of force was
within policy, justifiable and approved.

5/19/2014 Deputy Chief Jeffrey Jennings Supervisor Frances Cheung (none) 

Sender's Instructions: Reviewed and approved as justifiable. In addition to internal video, I reviewed Santa
Rita Jails video and it concurs with the reports by the involved of?cers.
Recipient's Comments/Response: per Chief

2/18/2015 Lieutenant Lance Height Officer Stewart Lehman Lieutenant Gilbert Lopez

Sender's Instructions: per your request, please re-route back to me by 2/20/15
Recipient's Comments] Response:

2/20/2015 Lieutenant Lance Height Lieutenant Steven Cooniz Of?cer Stewart Lehman,
Lieutenant Gilbert Lopez,
Sergeant Brando Cruz,
Sergeant Steve Szopinski

Sender's Instructions: per your request, regarding deposition

Recipient's Comments/Response:

Assigned Investigator Signature Line

 

Lieutenant Steven Coontz

Chain of Command Signature Lines

 

Lieutenant Gilbert Lopez

 

Sergeant Steve Szopinski

 

Lieutenant Steven Coontz

 

Sergeant Brando Cruz

 

Deputy Chief Jeffrey Jennings

 

Supervisor Frances Cheung

 

Of?cer Stewart Lehman

 

BAY AREA RAPID TRANSIT POLICE 
Kenton W. Raine). Chiefof Police
800 Madison Street
PO. Box l2688
Oakland. CA 94604-2688


 

DATE: September 29. 2016

Officer Nolan Pianta

FROM: Acting Deputy Chief Lance Haight

Si Notice oflntent to issue Written Reprimand

Internal Affairs Case 

In accordance \tith the Bay Area Rapid l?ransit Police Department?s Progressive Discipline
Policy 340. you are hereb} advised that Chief Kenton Raine) has recommended
administering discipline to you. pursuant to his review of l?olice lntemal Affairs case
l'he investigation pertained to an incident that occurred on March 17. 2014. at the
Santa Rita Jail.

The incident is summarized as follows:

Ms. M- - was arrested at Lake Merritt BART Station on March 17. 2014. 
BART Police Officers Trabanino and Caraseo for public intoxication. resisting arrest. and
assault on a peace officer. You were later assigned to transport S-o Santa Rita Jail for
booking.

- appeared to be cooperative at the jail and was unhandcufled. At one point in the
booking process 8- tossed a hairhand at _vou and then ignored your order to let go of
her purse. You attempted to control 3- with a control hold and then b_v bracing her
against the intake counter. as contbative. spun around towards you and tried to hit
_\our face with a hammer fist strike. An Oakland officer also tried to assist. You performed a
dynamic takedown in order to control 8- and -5 face hit the ?oor. 8-
appeared to lose consciousness. -was transported and admitted to Eden Hospital due
to in] ur} .

Sergeant Szopinski responded to liden Hospital to interview S-l?or a use of force
investigation. 8- stated that she did not remember what happened. 8-stated.
I?m not saying I'm innocent or probably mouthed off or like -- you know --
took a swing or like did something ljust didn't know I would get this much of a
fucking backlash."

Page I of 5

BART Police received notification on September 17. 2015. that S-had filed a lawsuit
regarding the incident at Santa Rita Jail and alleged excessive force on your part. The
Complaint for Damages and lnjunctive Relief ?led by Ms. . attorney included the
following. "Upon arrival at the Santa Rita Jail. in the booking area. BART PD Of?cer
Pianta beat S-tntil she lost consciousness. This beating caused plainti?'serious head
injuries including but not limited to ?acturing four of her cheek bones. splitting her molar.
and cracking a front tooth. 

You documented the events leading to the takedown as follows in your police report
narrative. ?While I had in a control hold. she began pulling may from me. [pushed
her up against the counter in order to gain better control of her. She suddenly turned
towards me and began violently punching with a closed ?st at my face. Her strikes appeared
as though they were missing my face by inches. I ordered her to get on the ground and she
continued her assaultive behavior of attempting to strike me in the face. To protect myself
from her attack and to stop her attack on me, I used an armhar take down and guided her to

the ground. Upon guiding her to the ground she landed on her face and appeared to go
unconscious."

 
  

Based on video of the incident. your takedown of was dynamic and forceful. Your
characterization in your police report of ?guiding? to the ground is an inaccurate
description of what took place and appears to minimize what happened.

lntemal Affairs asked you to explain why you used the above verbiage in your report to
describe the takedown. You replied. ?It?s my understanding that -- um -- that?s how the .-
um -- technique is conducted. Uh -- both my hands are on the subject. and it's -- um - it's a
circle down-type motion - um -- where you?re essentially -- um -- guiding that
person down towards the ground - um -- where you have control of their -- their .. um ..
their arms -- uh -- with both your hands. Um -- uh - I?ve received -- uh -- uh -- training. I
don?t know -- uh .. I don?t recall - um -- uh -- where or -- um -- uh -- from whoit's always been - uh -- um -- speci?cally back - uh -- when I worked in the prison --

um -- we used that term all the time -- guiding the subject to the ground .. um -- when we --
we talked about -- um -- this type of - um -- uh -- maneuver.?

When interviewed by lntemal Affairs, you stated that you "took" Sheehan to the ground.
You also stated that you ?pushed" her to the ground. Internal Affairs recounted that you
wrote that you ?guided" Sheehan to the ground. When asked if you considered all of the
above to be accurate statements. you replied. do.? Internal Affairs then asked you if you
considered anything in your report to be misleading or inaccurate. and you replied. 

Particularly since M5. -was injured. it was important for the actions which led the
Injury to be documented accurately. Your documentation of the takedown was not an
accurate description of what took place.

Page20f5

(?hiet?Kenton W. Rainey reviewed the investigation and sustained the following ?nding:

 

 

 

ALLEGATION POLICY FINDING
iPerformance(Report Writing Aciuracy) Sustained

 

 

In regards to Policy-3"Procedure (Report \ll-"riting Accuracy). the allegation was sustained for the
following reasons:

0 Policy 201.2.l4(p) states prohibits the following. "Failure to disclose or nils?representing
nutterial ?ats. or the making or misleading statement on any application.
examinatt'on/orm. or other official document. report or'form or during the course ot'any
work-related investigation. 

0 You documented the takedown of 3-215 follows in your police report: l-l'hile i had
.S-in a control hold. she began pulling omit-from me. I pushed her up against the
counter in order to gain better control other. She suddenly turned towards me and began
t'iolentlt' punching with a closed/{st at nit'face. ller strikes appeared as though (her were
missing my face by inches. I ordered her to get on the ground and she continued her
assaultit'e behavior of attempting to strike me in the face. To protect her
attack and to stop her attack on me. I used an armhar take down and guided her to the
ground. lfpon guiding her to the ground she landed on herfiu'e and appeared to go
um'onscious. .iloments later blood pooled onto the floor coming/rout herfacial area. I
placed her in the recot'er_t' position. Oakland police officers who were present summoned
jail medical surf/to provide aid to the suspect.

0 You noted in your )lice report and reiterated in your interview with Internal Affairs that
you ordered to get on the ground just prior to performing the takedown. That
does not appear to be an accurate recollection your art. The audio from the Oakland
Of?cers' video did not record you ordering to get on the ground. You stated.
"Let go ofit [purse ." and then. prior to the takcdown. 

0 When asked by Internal Affairs why you chose those words "I?ll guided her to the
ground" to describe what took place. you replied. "It's my understanding that -- um --
that's how the -- um -- technique is conducted. -- both my hands are on the subject.
and it?s -- um -- it?s a circle down-type motion -- um -- where you're
essentially -- um -- guiding that person down towards the ground -- um -- where you have
control oftheir -- their -- um -- their arms -- uh -- with both your hands. -- uh -- I?ve
received -- uh -- uh -- training. I don?t know -- uh -- i don?t recall -- um -- uh -- where or
-- um -- uh -- from whoit's always been -- uh -- um -- specifically buck

uh -- when I worked in the prison -- um -- we used that term all the time -- guiding the

subject to the ground -- um -- when we -- we talked about -- um -- this type of -- um -- uh

-- maneuver." 
0 Internal Affairs recounted to you that you wrote in his report that you ?guided" Shcehan

to the ground. and that when interviewed you stated that you "took" her to the ground and

Page 3 of 5

that you "pushed" her to the ground. You were asked if you considered all ofthe above
to be accurate statements. and you replied. do."

0 Internal Affairs then asked you if you considered anything in your report to be misleading
or inaccurate. and you replied. 

0 Based on video evidence. the takedovvn appeared to be forceful and dynamic with you
thrusting -ver your thigh and straight down to the floor.

0 Since Ms. S-was injured. it was important for the actions which led the injury to be
documented accurately.

0 Your documentation ofthe takedown was not an accurate description of what took place.

The following policy sections pertain to the sustained ?nding against you:

201.2.1-1 Performance

1). Failure to disclose or misreprexenting material fuels. or the making fit/re or
misleading statement on any application. exuminutirmform. or other o?iet?ul document.
report or'?n'm or during the course (gf'cmy work-related investigation.

2
ml 7.

Tolling of Investigation:

internal Affairs conducted a review of the Supervisor L'se of force Investigation Report and
initiated an administrative investigation on April 7. 2014. On September 17. 2014. the
Department became aware of a civil suit ?led by Ms. a result. this investigation
was tolled from September 17. 20l4. until April 28. 2016. while the civil suit was pending. The
tolling period was 589 days. The most conservative derivation of the statue in this case would be
365 589 days from March 17. 2014. which is October 17. 2016.

Conclusion:

Subsequent to the Chief of Police's review. he has proposed that you receive :1 Written
Reprimand. which is formal discipline.

In accordance with Policy 340. you are granted the opportunity to present the Chief of Police
with an oral or written response to the recommended discipline prior to its implementation. You
have until 1700 hours. on Monday. October 10. 2016. to notify the Chief of Police if you decide
to exercise this option. You are entitled to representation during this meeting. You may provide
a written response in lieu of meeting with the Chief. and your written response must be received
by 1700 hours. on Monday. October 10. 2016.

Page 4 of5

Your response will be considered before ?nal action is taken. Failure to respond to this notice of
proposed discipline by 1700 hours, on Monday, October 10. 2016. shall constitute an admission
of the violations and waiving of the meeting. You are entitled to all materials which were
considered by the Chief of Police in recormnending the proposed discipline. and those materials
will be delivered to you with this noti?cation. Should you have additional questions. please
contact Sergeant McNack at (510) 464-7029.

{g ?llz?tite 7?39-1?9
ancc Height

1-) Date Acknowledgement of Receipt Date
Acting Deputy Chief

cc: ChiefKenton W. Rainey
Mr. Marco Gomez BART District Counsel

Ms. Barbara Greening Principal Labor Relations Representative
BPD ?le



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