Palo Alto Police Department Case Number 15-7911 Released in Compliance of SB 1421 Redactions and Exclusions as Related to Privilege: Penal Code and (C) Penal Code Penal Code 13300 et seq. Penal Code 11105 et seq. Government Code 6253.3 Attorney-Client Privilege Attorney Work Product Privilege, Gov. Code 6255 15-7911 Documents Withheld CA DOJ CLETS Criminal History CA DOJ CLETS CARPOS Query Information CA DOJ CLETS Supervised Release File Information CA DOJ CLETS Driver?s License Information CA DOJ CLETS Vehicle Registration Information Marin County Probation Sentencing Report Alameda County Probation Report Santa Clara County Crime Lab Information Released in Compliance of SB 1421 4/10/2019 i INCIDENT INFORMATION PALO ALTO POLICE DEPARTMENT REPORT ON USE OF FORCE COVER SHEET Page 1 or 3 Date I 12123115ITimeI1536 ICase# [15-7911 IDivision [Patrol Type of Incident/Call I488 Investigation - Residence Roadway Location 180 ElCaminO Real Business Other Beat 1 . Internal Affairs investigation also being conducted?: I INVOLVED OFFICERS Patrol Car Video 1. Last Name Philip First Name Brian 5205 Vehicle# 5323 Yes NO I Injured: Yes NO A 41 Race Gender Yrs, Of Service 11 Medical Treatment: HOS Force Used (check all thata I Control hold XI Taser Baton I Strike 0C Carotidlj Firearm 37mm Other; Taken to ground I Was Weapon effective? Yes No I K-9 Bite D009: I I Warning Given: Yes NOI_I(Describe why not in narrative) K9 SentLeash Off Leash Patrol Car Video: 2. Last Name FinO First Name Daniel 6381 Vehicle# 5323 Yes NO Injured: Yes NO IX Age 57 Race 0 Gender Yrs. Of Service 34 Medical Treatment: Force used check all that ap Control mm I Taser Baton Physical strike Carotid Firearm 37mm Other: Taken to ground I Was Weapon effective? Yes NO I Ko9 Bite Dog: Warning Given: NOIj(Describe why not in narrative) K-9 SentLeashI_I Off LeashI?_I Patrol Car Video. 3. Last Name Bur iO First Name Paul ID 6476 Vehicle# 5293 YesI I NO IX I InjuredRace Gender Yrs. Of Service 5 Medical Treatment: Force Used (check all that a I Control hold XI Taser Baton I Strike IX OCI I Carotid Firearm 37mm Other: I Was Weapon effective? Yes If] NO I K-9 Bite I I Warning Given: Yes No LI(Describe why not in narrative) K9 SentLeash Off Leash WITNESS OFFICERS 1. Last Name First Name ID Vehicle# 2. Last Name First Name ID Vehicle# 3. Last Name First Name ID Vehicle# 1. Last Name 2. Last Name Statement taken from Yes First Name First Name NO Audio Recorded: 1: Home Home Video Recorded: Cell# Cell# Statement taken from Yes NO Audio Recorded: Video Recorded: INCIDENT INFORMATION Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE DEPARTMENT REPORT ON USE OF FORCE COVER SHEET Page 2 of 3 Date I 12!23l15ITimeL1536 ICase# I15-7911 IDivision IPatrol Type of lncidenthaIl I488 Investig?n Residence Roadway Location 180 El Camino Real -- 1' Business Other Beat 1 lntemal Affairs investigation also being conducted?: INVOLVED OFFICERS Patrol Car Video 4. Last Name Reifsohneider First Name James 5372 Vehicle# 5238 Yes No Injured: Yes No Age 36 Race Gender Yrs. Of Service 10 Medical Treatment: Force Used (check all thata Control hold xI Taser Baton n. Strike Ix: 00m Carotid. Firearm 37mm Other: Taken to ground I Was Weapon effective? Yes No I K-9 Bite I I Warning Given: No I_I(Describe why not in narrative) K9 Sent. Yes No K-9 On Leash Off Leash Patrol Car Video: 5. Last Name Schmidt First Name Jeremy 6385 Vehicle# 5293 Yes No I In'ured: Yes No I5 Age 36 Race Gender Yrs. Of Service 6.5 Medical Treatment: Force used check all that ap Control hold Taser Baton Physical strikeI OCI I Carotid Ij Firearm 37mm Other Taken tgground I Was Weapon effective? Yes No I K-Q Bite LI Dog: Warning Given: Non(Describe why not in narrative) K-9 Sent: Yes I- No K-9 On LeashI?I on LeashL_I Patrol Car Video; 6. Last Name First Name ID Vehicle# Yes No I Injured: Yes I No Age Race Gender Yrs. Of Service Medical Treatment: Force Used (check all that a I Control hold I Taser Baton I Strike OCI Carotid Firearm 37mm Other: I Was Weapon effective? Yes No I K-9 Bite I I Warning Given: No I_I(Describe why not in narrative) K9 Sent: Yes No K-Q On Leash Off Leash WITNESS OFFICERS 1. Last Name First Name ID Vehicle# 2. Last Name First Name ID Vehicle# 3. Last Name First Name ID Vehicle# 1. Last Name First Name Home Cell# 2. Last Name First Name Home Cell# Statement taken from Yes No Audio Recorded. Video Recorded: Statement taken from Yes No Audio Recorded: Video Recorded: Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE DEPARTMENT REPORT ON USE OF FORCE COVER SHEET Page 2 of 2 INVOLVED SUBJECT 1. Last Name First Name Height 5 ft 11 inch Weight 4' be Subjects Actions: Verbal Gesturesf? Iight[?[ PhysicalDT] Firearm- Other Weapon Describe: Firearm Type: Reason: Scared Under the in?uenceU Mental health[_[ None given Link to Of?cer: #1 #2 #313 Claimed Injuries: Yes r] No Visible Injuries. Yes[X_[ No[ 3 Body Part(s) Affected; [Left Eye. Head Photo Type: Digital X. Video is}? Describe Injures: Swellingpossible orbital fracture near left Number. Dispo Treatment: ER @Refused [1 At scene Fatal Admitted 7 Charges [69 PC [Booked Xj Charges requested: Subject interview Date: 12-23-15 Time: 1905 Video: Audio. See attachment for additional involved officers, witness officers or involved subjects. ATTACHMENTS E3 Attach police reports, CAD print out, photos. DVD of patrol car videos. CD of 911 calls and radio traffic. Attach of suspect interview. Other POLICY REVIEW: Was detention prior to use of force within policy? Yes No Was use of force within policy? Yes [El No PALO ALTO POLICE DEPARTMENT REPORT ON USE OF FORCE COVER SHEET Page 3 of 3 Supervisor Lieutenant Date: [Time: Date: Time:[ Further Inquiry Required: Yes No Further Inquiry Required: Yes -- No 4 -1 Cap_tain 1, Chief Date:[ [Time: 20 2,4) Date] I z, ,9 Time:[ Furtherinquii?yReduired: Yes No Furtherinquiry eq?red: Yes No I Lieutenant Date. Timezl Further Inquiry Required. [Yes 10. Released in Compliance of SB 1421 4/10/2019 Chiefs Presentation UOF 2015-11 On 23 DEC 2015, sso is working plain clothes.? Their goal is to go there conduct surveillance and hopefully arrest suspect for dealing drugs. Philip and Fino In silver car and Schmidt and Burgio in white PU. In silver car not logged into and neither officer were wearing mics. SED is also required to spend time at the mall due to the holiday season. While at the mall, Sgt. Philip and Ofc. Fino see three black males loitering outside the east doors of Macy's Men. They go to code 5 the subjects. They believe the suspects recognize them as officers (in silver vehicle) and leave and enter the east doors of Macy's men. Sgt. Philip and Ofc. Fino park outside the east doors and enter together. Neither of the two have MAV mics on, the recoding from their vehicle is an after the fact recording. They both observe a security guard and approach her. She is wearing a security jacket. They ask if everything is okay. She states to them that she believes there is some possible theft activity going on. At the same time, the suspect walks past them. She points to the suspect and tells them he is associated with the other males who are possibly involved in theft related activity. The officers go to 10-95 the suspect. He refuses to stop. He begins to yell at them and they place him in control holds so he does not leave. Both officers stated they identified themselves as police officers and displayed badges. Sgt. Philip calls for emergency cover and they pin him up against a parked car. You can hear for a moment on the radio traffic from Philip the suspect yelling. Schmidt and Burgio arrive at the same time. Schmidt and Burgio are in plain clothes and driving the white PU which does not have MAV. All five officers were able to take the suspect to the ground. Once on the ground, the suspect continues to resist by keeping his hands underneath him and trying to push himself up. Officers are heard via MAV telling the suspect repeatedly to stop resisting. delivers several blows to suspect's hip area where the suspect's hand was underneath him in an attempt to get the suspect's hands. Burgio believing the suspect was possibly reaching for his firearm delivered one blow to the su5pect's head. Burgio was unable to remember what part of the suspect?s head he hit Officers were then able to take the suspect into custody. Suspect transported to the jail first then to hospital after medics looked at him at the station. Suspect had a broken orbital. Burgio may have caused this but a witness also stated the suspect was scraping his face back and forth on the pavement while he revisited. This may have caused this as well. 11. 12. 13. 14. Released in Compliance of SB 1421 4/10/2019 Suspect was on probation at the time. One of the probation requirements was that he cooperates with police. The original security guard later stated that she did not mention anything to Philip or Fino about the males being involved in theft activity. She simply stated they were suspicious. Macy's refuses to give us video. Fino wrote a search warrant for the video. These seems strange that loss prevention would not give us video. That video does not show the force. It does show the males subjects walking around store. Suspect stated he did nothing wrong and that is why he did not stop. He also stated the two of?cers did not identify themselves at first. Released in Compliance ofSB 1421 4/10/2019 PALO ALTO POLICE DEPARTMENT Memorandum To: Acting Assistant Chief Beacom From: Acting Captain Patty Lum Date: May 19, 2016 Subject: UOF 2015?11 On December 23, 2015. our Special Enforcement Detail lead by Sergeant Philip, went to the Stanford Shopping Center Sergeant Philip and Detective Fino were dressed in plain clothes. riding in their usual, partially unmarked vehicle. This vehicle is equipped with MAV. however. the officers had not tested it nor were they wearing microphones. Sergeant Philip and Detective Fino pulled into the Macys Men's' store parking lot area and immediately noticed a group of subjects in the parking lot. These subjects appeared suspicious to the officers and they followed them inside the store. ultimately developing reasonable suspicion to detain The question in this use of force investigation comes down to whether or not the Macy's security guard voiced a concern about the group of subjects as associated with in the store and whether or not they were stealing items. Both of?cers believe the security guard voiced enough concern regardin the group as a whole to detain all of them. Their decision to detain is based on her collective statements about him and the group as related to theft offenses. in the parking lot?ignores the officers' commands and actively resists their attempts to detain and handcuff him. During his administrative interview. it becomes clear that he was aware they were police of?cers but he made a conscious effort to resist them based on the fact that he did not believe he did anything wrong. Released in Compliance of SB 1421 4/10/2019 The supervisin Deputy District Attorney in this case decided not file charges in this case- In conclusion, it appears that while the officers had set off to accomplish a very different task during the da . it is not inconceivable that their heightened level of awareness zeroed in onhin the same parking lot. Once the officers spoke with the security guard, they believed they had reasonable suspicion to detain him. The biggest lesson learned in this case lack of a recorded statement due to the absence of a MAV microphone. While the of?cers had geared up for an undercover operation, they had not communicated with their manager. written an operations order or taken any other action to excuse them from uniformed patrol for the day. In conclusion. I find that the use of force in this case is appropriate based on the fact available at the time to render the detention valid. however. the security guards statement and her subsequent retraction of that statement could have been avoided with the appropriate use of a MAV unit. recommend that Sergeant Philip be given a Documented Oral Counseling memo regarding the requirements of MAV usage. Officer Fino should receive training on the same subject Released in Compliance of SB 1421 4/10/2019 PALO POLICE DEPARTMENT MEMORANDUM DATE: APRIL 4, 2016 To: NCAPTAIN PATTY LUM FROM: NLIEUTENANT KEN KRATT SUBJECT: UOF 2015-11 SYNOPSIS A store security officer at Macy's Men's Store located at Stanford Shopping Center told police that the suspect was related with some possible shopti?ing. Police went to detain the suspect to question him and he refused to comply with their directive to stop and then physically resisted the detention. During the arrest of the suspect, the suspect was taken to the ground and received physical blows from officers in order to affe the arrest. As a result of the arrest. a police sergeant received an injureddand the suspect received a fractured bone around his left eye. The suspect was medically cleared for booking and booked for PC 69. SUSPECT INFORMATION Black Male 5-11/240 pounds INJURIES Ser eant Brian Philip (#5205) injured his? received . He was seen at the hospital and will receive 9 further treatmen received a fractured left orbital bone. He was discharged from the hospital and cleared for booking Released in Compliance of SB 1421 4/10/2019 PROPERTY DAMAGE None INVOLVED OFFICERS AND ROLES 1. A/Lieutenant James (#5372) - Gave commands. in?icted physical blows to suspect during arrest. 2. Sergeant Brian Philip (#5205) - Involved in initial detention, gave commands and applied physical force to the suspect when taken to the ground during arrest. 3. Of?cer Dan Fino (#6381) - Involved in initial detention, gave commands and applied physical force to the suspect when taken to the ground during arrest. 4. Of?cer Jeremy Schmidt (#6385) - Gave commands and applied physical force to the suspect when taken to the ground during arrest. 5. Officer Paul Burgio (#6476) - Gave commands, inflicted a physical blow to the suspect's head and applied physical force to the suspect when taken to the ground. Several other of?cers arrived on scene but were not involved in the use of force. INVESTIGATION The following is a summary of information obtained in written police reports. interviews and MAV recordings. I am a Police Sergeant assigned as the acting A-side day shift Watch Commander. On 23 DEC 2015 at approximately 1536 hours, Sergeant Philip and Officer ino were working a plain clothes detail as part of the police department's Special Enforcement Detail (SED) at Stanford Shopping Center located at 180 El Camino Real. Sergeant Philip and Officer Fino had their police badges on their belts concealed by their clothing. On this day, in addition to Sergeant Philip and Officer Fino. two other members of the SED team. Officer Schmidt and Officer Burgio were also present at the Stanford Shopping Center. -w SED team was also required as part 0 their daily activity during the 0 way season to spend time at the Shopping Center where a large amount of theft occurs during the holiday season. While there. Sergeant Philip and Officer Fino were in the same vehicle and were checking on a few male subjects located on the east side of Macy?s Men?s Store. Macy?s Men is located on the northeast corner of the shopping center. Sergeant Philip and Officer Fino watched these subjects due to them acting "boisterous? amongst themselves and loitering in the area These subjects did not act like other shoppers in the area. Although Sergeant Philip and Officer Fino were in an unmarked vehicle. the Released in Compliance of SB 1421 4/10/2019 vehicle is equipped with spot lights and the interior of the vehicle is equipped as a normal marked vehicle such as a lap top computer and radios. As a result, Sergeant Philip and Of?cer Fino thought the subjects recognized them as police of?cers. Furthermore, Sergeant Philip thought the subjects appeared nervous. The subjects were outside the east doors and walked into the store after Sergeant Philip and Of?cer Fino believed the subjects recognized them as police of?cers. They parked their unmarked vehicle and walked into the store. Almost immediately after entering the east doors, they contacted a security guard who told the of?cers there were males in the store who were suspicious and possibly involved in theft activity. That security of?cer was wearing a red jacket that said security on the jacket. During this time. the suspectwalked past the two officers and walked out the east doors towards the parking lot. security guard told the of?cers the suspect was associated with the suspicious males, one of which may have stolen a shirt. It was not known if the suspect had committed a crime but was associated with the other subjects who the security guard reported to Sergeant Philip and Officer Fino. The of?cers decided to go and detain and speak with the suspect. They contacted the suspect, identi?ed themselves verbally as police officers. displayed their police badges and told him to stop. The suspect did not stop. The suspect told the of?cers that he did nothing wrong. Both officers applied control holds on the suspect?s wrists to keep him from leaving. The suspect began to tense his arms and tried to walk away. In order to keep the suspect from walking away. the officers pinned the suspect against a parked vehicle to gain leverage as the suspect was large (5?1 1, 250 pounds). Sergeant Philip called for emergency assistance and the two officers continued struggling with the suspect keeping him pinned to the parked vehicle. A short time later, A/Lieutenant Of?cer Schmidt and Of?cer Burgio arrived on scene. A/Lieutenant was in full police uniform and responding in a marked patrol vehicle with lights and sirens activated. Officers Schmidt and Burgio were in plain clothes. When Officer Schmidt exited his vehicle, he lifted up his shirt exposing his firearm and police badge. Of?cer Burgio had a police badge hanging from his neck. They joined the struggle with the suspect and because of the of?cers present; they were able to take the suspect to the ground. When this occurred. Sergeant Philip came down onto the ground with the suspect and his left arm was around the suspect?s neck area as a result of the takedown. Sergeant Philip stated he made sure he did not choke the suspect and tried to get his arm free as quickly as he could. Once on the ground, the suspect still resisted arrest by trying to push himself up. moving his legs and refusing to obey commands given by officers. During this time in an effort to gain control of the suspect's left hand, Officer Burgio delivered one blow to the su5pect?s head. Of?cer Burgio stated the suspect was in close proximately to his ?rearm and a clip on knife and was in fear the suspect may have been reaching for that. Of?cer Burgio struck the suspect as Taser and pepper spray was not an option due to the close proximately to the suspect and other of?cers. It is unknown if this blow caused the injury to the suspect. At the same time. A/Lieutenant observed the suspect?s Released in Compliance of SB 1421 4/10/2019 right hand underneath the suspect's hip area. In an attempt to get the suspect to remove his hand from there, A/Lieutenant hit the suspect with a fist several times in the hip in an attempt to get access to the suspect's hand. Another of?cer was able to get control of the suspect?s hand and A/Lieutenant handcuffed the suspect utilizing two pairs of cuffs. Once the suspect was handcuffed. the suspect was brought to his feet. During the encounter. of?cers continued telling the suspect they were the police, to stop resisting and to comply. This is captured on MAV recordings from A/Lieutenant patrol vehicle. Statements of Involved Of?cers I reviewed all crime reports submitted by of?cers. I also reviewed the crime report and search warrant associated with why the officers were at the shepping center in pain clothes. relied on those reports for the details of this investigation. i did however ask Of?cer Burgio via email if he could be more descriptive about his one strike to the suspect's head. Of?cer Burgio could not recall what part of the su5pect?s head he struck but said he used his fist to deliver the blow. For more information. see attached DR #15- 7911 Statement of Witness- ?vas interviewed by Sergeant Becchetti. The following is a brief summary from Sergeant Becchetti?s supplemental report. Witness was a security guard at Stanford Shopping Center. He was about six feet away and witnessed the interaction. He heard the of?cers telling the suspect throughout the altercation to stop resisting and identifying themselves as police offices. The suspect yelled at the of?cers that he did nothing wrong and they were targeting him because he was black. When the officers attempted to put the suspect in a wrist lock. the suspect began resisting. Once the suspect and of?cers were on the ground, he observed the suspect move his head left and right and looked like he was scraping his head on the ground. -witnessed A/Lieutenant strike the suspect?s upper thigh area. He did not witness any other officer strike the suspect-slayed to Sergeant Becchetti that he thought the officers used an appropriate amount of force on the suspect. Statement of Swag!? Sergeant Becchetti interviewed the suspect at the hospital. The following is a brief summary from Sergeant Becchetti's supplemental report. The suspect stated he was contacted by the of?cers and he stopped. The officers did not identify themselves as police but he thought they were police due to the fact he had been incarcerated before. The suspect thought he did nothing wrong so the officers had no right to grab him. He said at some point during the interaction, they may have identified themselves as police but he was not sure. The suspect stated he did not comply because he did nothing wrong. He did hear them tell him to step resisting. Released in Compliance of SB 1421 4/10/2019 The suspect said he was placed in a head lock and punched in the face approximately two times. He thought he may have lost consciousness but was not sure. The suspect thought the headlock was from an officer on his right side and described him as ?young of?cer." The suspect felt no other blows to his body and had no other complaint of pain except for his head. For more information on Witness -and Suspec-statement. refer to Sergeant Becchetti's supplemental report. Statement of Witness- On 1 FEB 2016, contactec?in the loss prevention of?ce at the Macy's Main store located at 180 El Camino Real. The following is a summary of what she told me. Her statement was consistent with what was written in the police reports submitted by Sergeant Philip and Of?cer Fino. She stated that she believed the individuals the of?cers observed were acting suspiciously while they were in the store. She felt the males were walking around the store without a purpose which is different than regular shoppers. She felt they were suspicious enough that she noti?ed another loss prevention agent to start monitoring the subjects on camera. One of the aspects of her statement I questioned her further on was the possible theft of the shirt. She stated that one of the subjects was outside and ri ed a price tag off a shirt. She found that to be suspicious and "ghetto.? asked fshe saw the subject purchase the shirt. She stated she saw the subject enter a cash register line and then move to another register. Due to her rounds. she did not see the subject actually purchase this item. As a result. I asked her what she may have told the of?cers. She told me she did not state anything to them about theft or loss. She simply stated the subjects were suspicious and then pointed to the suspect as he walked by as being af?liated with the other subjects. This was the main difference in her story. She did not mention to me at any time that she suspected the subjects were committing theft and said she did not tell the officers she suspected them of committing theft. This interview was captured on my body worn camera. Refer to recording for more details. Additional Information As part of this investigation, I reviewed the following: 1. All police reports associated with DR #15-7911 4. I watched all MAV videos from the following police vehicles 0 5238 (A/Lieutenant Released in Compliance of SB 1421 4/10/2019 0 5323 (Sergeant Philip and Of?cer Fino) . 5230 (Sergeant Becker) 0 5321 (Agent Holler) 5259 (Of?cer Moore) 0 5148 (Of?cer Monroe) . 5258 (Of?cer Schmidt. Transport of suspect to jail) The arrest was captured on a side camera from A/Lieutenant?s patrol vehicle and the side camera from Sergeant Philip and Of?cer Fino?s patrol vehicle. The other videos did not show the arrest. When looking at the MAV recording from Sergeant Philip?s and Of?cer Fino's vehicle. you can see the three male subjects described and observe them standing in an area of the lot and then walking into the store. The MAV recording from the rear camera shows the suspect exiting the store and then looking back into the store for a brief moment before he is no longer in view. The area he looked backed to was the area in which Sergeant Philip and Of?cer Fino were contacting the security guard. There was no audio from Sergeant Philips and Of?cer Fino?s vehicle as they were not wearing MAV microphones and the MAV system was not activated by the of?cers. The recording was obtained through an ?after the fact? recording. The side camera from this vehicle shows the initial contact and the two of?cers physically struggling with the suspect in a standing position. The camera view was blocked during the time the suspect was taken to the ground. A/Lieutenant's video captured audio of the commands being issued to the suspect including ?stop resisting" and ?get on the ground." It also showed the takedown of the suspect and the blows given to the suspect by A/Lieutenant i could not see the physical blow that was directed at the suspect's head by Of?cer Burgio. I did not watch MAV videos beyond the use of force with the exception of Of?cer Monroe's video as he transported the suspect from the shopping center to AIB at the police department and the transport of the suspect to the jail by Of?cer Schmidt after the suspect was cleared for booking. 5. re-interviewed Witnes-see above) 6. I listened to the audio from Palo Alto Communications. When listening to the radio traf?c. Sergeant Philip identifying himself with Of?cer Fino?s call sign (L-24) states he is going to be ?10-95 on one" and said ?report of 3 or 4 possible shoplifters." You can also hear at one point the suspect clearly yelling at the of?cers when Sergeant Philip is broadcasting his call for help. 7. I reviewed a video from Macy's Security Macy's Security would not supply the police department with the security video from inside the store. Of?cer Fino obtained this video only after he completed a search warrant for it. The video does depict the males subjects the of?cers spoke about walking throu hout the store. It also shows Sergeant Philip and Of?cer Fino make contact with dthe suspect walking by them and then the two of?cers exit the store to go and Released in Compliance ofSB 1421 4/10/2019 contact the suspect outside. There is no audio on the recording and it does not capture the interaction outside the store. I contacted OES Director Dueker to see if his contacts at Stanford Shopping Center were able to locate any video of the incident. According to Dueker, there are no cameras that capture the area of the parking lot where the incident occurred. On 7 FEB 2016, i received an email from Officer Fino that had the blood results from the suspect. Identi?ed in his blood was Benzoylecgonine which is an indicator of cocaine use. I have included that as attachment #1 1. The of?ce declined to file any charges on the suspect. I was able to make contact with a probation officer from Napa County. The suspect was on probation at the time he was contacted by Sergeant Philip and Officer ino. She was able to send me some probation information for the suspect. One of the requirements of the suspects probation . I emailed a copy of the report at their request so it could be provrded to a . I also emaile a copy of the suspects bloo results. _That was not as a result of this incident. ATTACHMENTS CAD Incident History Log Copy of DR #15-7911 DVD copies of the above mentioned MAV videos CD recording of radio communications Copy of Use of Force Policy 300, Adoption Date 10-02-2014 COpy of MAV Policy 446, Adoption Date 10-02-2014 CD copy of Suspect interview Photos of suspect . Suspect's Criminal History in? 11m 12. DVD copy 0- FEB 2016 interview 13. Blood results from county crime lab Mr 15 16. Macy's Security video Released in Compliance of SB 1421 4/10/2019 OPINIONS AND CONCLUSIONS The actions of the involved of?cers were reasonable and within policy guidelines. I came to this conclusion based on my review of the completed police reports, available MAV footage and the interview of the suspect and witnesses conducted by Sergeant Becchetti. Based on my observations, I compared those to the Palo Alto Police Department's Use of Force Policy. Speci?cally, I looked PAPD Policy 300.32 and compared those to the observations and actions by the officers on scene at the time. Policy 300.32 The conduct of the individual being confronted. as reasonably perceived by the of?cer at the time. - The suspect was refusing to obey the commands from Sergeant Philip to stop and physically pulled away when they tried to grab him. (0) Of?cer! Subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of of?cers available vs. subjects).- The suspect was 5-11 and 250 pounds. The suspect was attempting to lift himself up despite several officers on top of him attempting to take him into custody. Proximity of Weapons or dangerous improvised devices. - All of the police of?cers were in close proximity to the suspectand all of the of?cers were armed. The suspect had his hands underneath him when he was on the ground and at the time, it was unknown if he was armed. Of?cer Burgio also stated that he thought the suspect was possibly reaching for his ?rearm. (I) Whether the person appears to be resisting, attempting to evade arrest by ?ight or is attacking the officer. - From the initial contact. the suspect was resisting. He was doing this ?rst by failing to follow commands and then not allowing the officers involved to take control of his arms. As mentioned above, even when on the ground, the suspect was attempting to push himself up as opposed to following instructions and letting the of?cers take control of his hands and place him into handcuffs. In addition, Palo Alto Police Department Policy 300.3.1 states "Any peace of?cer may use reasonable force to effect an arrest, to prevent escape or to overcome resistance. A peace of?cer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an of?cer be deemed the aggressor or lose his/her right to self- defense by the use of reasonable force to effect the arrest. prevent escape or to overcome resistance (Penal Code 835). The MAV video obtained from Sgt. Philip and Of?cer Fino's patrol vehicle was acquired as a result of an after the fact recoding. Neither Sergeant Philip nor Officer Fino was wearing a MAV microphone at the time of the incident and neither of them was logged into the system. Although they were in plain clothes. they elected to drive a vehicle Released in Compliance of SB 1421 4/10/2019 equipped with a MAV system and should have been wearing microphones and should have been logged into the system. I found this to be a violation of PAPD Policy 446. Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Memorandum To: Kratt From: Sgt. Ben Becchetti Date: 12/30/2015 Re: Supplement for UOF 2015-11 IPAPD Case #15-7911 This memo is intended to be a supplemental to the Use of Force regarding PAPD case #15-7911 INVESTIGATION: On 12/23/15, at approximately 1536 hours, I responded to a ?Code 3 ?ll" request at Stanford Shopping Center. from Sgt. Brian Philip. I was working as the Field Supervisor and was informed that a Use of Force occurred and needed to be documented. was later told by I would not be the main author of the Use of Force investigation. I took an initial statement from the suspect as well as a Loss Prevention Of?cer from Macy's regarding the arrest and Use of Force. I later interviewed?from Stanford Shopping Center Security. Ultimately I learned Sgt. Philip and Ofc. Fino attempted to detain a man outside of the Macy's store who may have been part of a group of suspected shoplifters. As Sgt. Philip and Ofc. Fino attempted to detain the man, he began to resist and force was used to affect a detention and arrest of the suspect. After a medical clearance for an injury to his eye, the suspect was booked into San Jose main jail for 69 PC. since Sgt. Philip also sustained an injury during the incident and was treated at- Hospital. STATEMENTS: I interviewed ?at the? Hospital Emergency Department. I recorded the interview via an audio recorder. I also interviewed Loss Prevention Of?cer- I did not record her statement. was also going to provide a written statement for the incident Released in Compliance of SB 1421 4/10/2019 December 30. 2015 I interviewed the Stanford Shopping Center Security?on duty at the time. witnessed the event. Statement of Susoect- The following is a synopsis of the interview. Please refer to the audio recording for verbatim details. I spoke with Suspect-and told him that was only interviewing him regardin the Use of Force investigation, and that my conversation was separate from any criminal case.? was lying on the hospital bed after undergoing several medical checks on his health. tated he was outside of the Macy's store when he was approached by two police of?cers. aid he turned and came towards the of?cers when they asked him to, but then they grabbed his arms. ?said the two. he described the of?cers as a "younger one and an older one," did not identi emselves as the Police?said he thought they were the Police due to the fact that he had been incarcerated before and he just knew "from the streets," but ultimately he was not sure. -said he ?knew his rights" and he knew he did nothing wrong, so he did not balk at speaking with them aid he had receipts for all the property and he wasn't involved in an theft. asked again if the of?cers identi?ed themselves. and he said the did not. *1 said he did not see any badges or other Police identi?cation. asked? at any time if they verbally identi?ed themselves as of?cers, and he thought maybe at some point they did. but he was not sure. -said he did nothing wrong so he thought the of?cers had no right to grab him or arrest him. said the "young one was on my right and the old one was on my left." referring to which of?cer was holding his arms. said they wanted to detain him but he did not comply since he did not do anything wrong. said he heard them say "stop resisting" but he also heard the ?young one? swearing at him. ask "f he hit or otherwise fought with the of?cers and he stated he did not. i aske i threatened or said an hing to the of?cers, and he stated that he may have ?called one 0 them a pussy or something." 5 said he also heard the of?cers say something to the effect of ?just wait for backup then" but the ?young one" was still ?acting all he then said additional police coming to the area so he got on his knees in an attempt to comply but ended up on the ground (where he was taken into custody). ?said he was choked (with an arm around his neck) and may have lost consciousness during the struggle. but he was not entirely sure-said one of the of?cers got him in a "headlock" and began to hit him in the face, approximately two times. ?thought this was the "young of?cer' on his right side. aid he thought he felt another strike to his head at one point, but was not sure when or how. said he did not feel any other strikes or blows to the rest of his body and he did not complain of pain to anything other than his head. Released in Compliance of SB 1421 4/10/2019 December 30. 2015 asked?how he would have handled the situation and he thought the of?cers should have just talk to him more. had nothing further pertinent to add to the investigation but still wondered why he was going to be arrested. Statement of Witness- The following is a summary of our conversation unless indicated by quotes. Please refer to the MAV video for verbatim details. _was working as the-for Stanford Shopping Center Security at the time of the incident. .said he was nearby when the incident occurred- said he saw the police car drive up and saw the of?cers approach a black man standing near the front of Macy's Men's. said he did not see any "Police" identi?cation but did see one of the men, described as a ?short of?cer and a tall one" speaking on a radio-said he positioned himself behind a pole. approximately 6 feet away from the of?cers and the suspect. aw the of?cers try to talk to the suspect. - said the suspect began to yell and scream that they were only targeting him because he was black and "pulling the race card.? said the of?cers positioned themselves on both sides of the suspect, who was facing them. said the ?shorter" guy tried to place the SUSpect in a wrist lock but the suspect began to resist. -said the suspect would not comply and physically resisted the of?cers. aid he then saw the short officer put his leg in front of the suspect and the taller of?cer was behind the suspect but to the side. ?aid the taller of?cer was pushing the suspect towards the ground from the rear shoulder area with an open hand, as if the suspect was bent at the waist and would not go any lower. -continued to hear the sus ect yell about being racially pro?led and the suspect even asked him to record the incident. said the suspect continued to resist but then he fell to the ground. aid one of?cer had one of the suspect?s arms behind his back, but the suspect was squrrming and still attempting to get up. -heard the of?cers yell "Palo Alto Police" and ?stop resisting" several times throughout the incident. -said that while the suspect was lying prone on the ground. the suspect was wrenching his head left and right and looked as though he was scraping his face on the ground. - said the suspect then went to the ground and the of?cers got on top of him while some were attempting to handcuff him. saw only one of?cer on the suspect's back and the others appeared to be on his side. saw one of?cer on the suspect?s legs hitting him near the upper thigh-said he did not see any other punches- did not see any punches to the head. kicks to the head, knees to the head, or other blows of any kind to the suspect. described how he thought the suspect appeared to be attempting to get up off the ground while the of?cers were on top of him. ?thou ht the of?cers used an appropriate amount of force and thought ?it" could have been a lot worsehhought this because he has been involved in serious physical ?ghts before, similar to the one he witnessed. the suspect did not comply with the Released in Compliance of SB 1421 4/10/2019 December 30, 2015 of?cers and their orders and he thought the of?cers could have been seriously injured by the suspect. Statement of Witness? i spoke with-at the Macy's store but i did not record the interview. tatement regarding the incident is conveyed in Ofc. Fino?s crime report. I told her was not interested in the merits of the crime itself, but what she witnessed regarding the physical altercation. It should also be noted that-told me overall, she witnessed approximately 20- 30 percent of the interaction between the suspect and the of?cers, since she was inside the store across the street from the incident-said her attention was divided between contacting the Loss Prevention Of?cers about the suspicious subjects and the unfolding incident with the of?cers. -thought the suspects were suspicious but did not report they actually committed a crime and she did not call the police regarding their behavior. Additonal Information: i took several pictures of- and his in'uries and they were later downloaded into Veripic. I made an CD of my audio recording withh and added it to this report. I requested a copy of my MAV recording with-nd will attach it to the report. End of supplement. Released in Compliance of SB 1421 4/10/2019 Event Search Event Date Event Time 12/23/15 15:36:38 Event Number: PP153570101 Agency Prim Unit T3173 Area Group PAPD 80X5 1095 82300 PAPD Location: Apt: Mun: PA Comments: MEN .150 Xstreets: Caller Name: Caller Addr: Caller Phone: Call Source: OFFICER Remarks: LOI search completed at 12/23/15 15:36:36 Field Event SPECIAL ADDRESS COMMENT: 180 El Camino Real; Low Xstreet: Sand Hill Rd/High Xstreet: Quarry Rd ON SAND HILL SIDE BY MACYS Wl'l'll GROUP SI 80x9 -- ONE DETAINED 80X9 -- REDUCE UNITS 3 SUBJS BMAS SKINNY ONE WITH 80Y21 CONTACTING LP [.01 search completed at 12/23/15 15:40:15 LOI search completed at 12/23/15 15:40:33 ONE WITH SHIRT THAT SAYS 501 LOI search completed at 132315 15:42:22 LP HAS 3 INSIDE 80Xll HAVE MEDICS MEET 80L21 A'l' SUSP LOI search completed at 12/23/15 15:43:20 search completed at 12/23/15 15:43:27 Unit [80121] lnt?lssuc er 40460062806168 (?Lli?l'S - 1R Unit Inf Issue er 40460072806168 ('l.li'l'S - l.\1 QM: L?nit Qr} 4046008:806l68 12'241'2015 7:56:39 AM litent Search Page 1 Released in Compliance of SB 1421 4/10/2019 L01 search compIeted at 12/23/15 15:45:08 Unit i Inf Issue er IR QVC: Unit [801421] er 4046018:801.21 - 1M QM: Unit er 4046019180121 01.1715 -1x 11: PER search completed at 12/23/15 15:45:31 Unit l80L21] Inf attach 4046020 Qty 404601980121 - IN 1.1: Unit [801.21' Inf attach 4046021 er 4046018180121 - 1M QM: Unit [80121] Infattach 4046022 er 404601 - IR QVC: Unit Inf attach 4046023 er 4046017230121 - IR QVC: Unit [801121] Infattach 4046024 er - IR QVC: Unit Infattach 4046025 er 4046017:801.21 - IR QVC: Unit Infattach 4046026 IR Unit Inf attach 4046027 er 4046017280121 (7.111118 - 1R QVC: Unil [801.21110f155ue er 4046028:801.21 (?1.1918 11) 1.1? PER search completed at 12.523515 15:45:37 Unit [80121] Infattach 4046029 er 01.1515 - 111161? 1.01 search completed at 121?231'15 15:46:08 Unit int?lssuc er 40460308015 ("11-715 ow: PER search completed at 12/23/15 15:46:24 Unit [80115] er 404603128015 1M QM: Unit [301.5] Inf Issue er 404603228015 crusts -1N1.1: Unit [3015] Infattach 4046033 er 404603028015 01,1716 1R ovc; Unit int?attach 4046034 er 40460300016 curls IR ch: Unit [8015] Infuttach 4046035 er 40-16031 4301.5 01.15.15 - QM: Unit [80115] Inl?attaeh 4046036 er 404603021301.5 - 1R [7101180115] Infattach 40-16037 40460318015 (?lilf'l?S 1.1: [Init [801.5] Inl?attach 4046038 er 40460302801.5 (?Lli'l'S - 12-24-2015 756:39 A livent Search 2 Released in Compliance of SB 1421 4/10/2019 Unit 801.44] Inf attach 4046085 er 4046080180144 CLETS - IR QVC: Unit Inf attach Rsi 4046086 er 4046080180144 CLETS - 1R QVC: Unit 80L44 Infattaeh 4046087 er 4046080801444 CLETS - IR QVC: Unit [801.44l Infattach 4046088 er 404608080144 CLETS - IR Unit [801.44 Inf attach 4046089 er 4046080280L44 CLETS - IR QVC: Unit [301,44] Infattach 4046090 er 4046082280144 ll)1:1~ 801,19 -- UNIT 80L43 '10 065 COMMENTS: [.01 search completed at 12/23/15 15:58:50 Unit [8015] Int?Issue 0540461413015 Unit [8015] er 404614328015 IV- search completed at 12/23/15 16:02:46 Unit Inl?attach 4046144 er 404614328015 QV: Unit [801.5] Inl?attach 4046145 er 40461438015 IV: a 801,19 --10-1510-19 [.01 search completed at 12/23/15 16:04:26 1.01 search completed at 12/23/15 16:04:38 UNIT 801.44 RANSPORTING [.01 search completed at 12 23 15 16:05:35 System Unit Alarm 2 RENTAL KIAS NO OTHER $111118 017181 80143 MILEAGE 66: Alamt Timer Extended: 0 System Unit Alarm System Unit Alami Alann ?I?imer Iixlended: 0 Alarm Timer Iixtended: 0 System Unit Alarm UNIT 801,44 85200 ARRIVED COMMENTS: System Unit Alonn Alarm Timer sztended: 0 [.01 search completed at 12/23/15 16:13:57 linit Int-Issue er 40462491806677 1 18- Unit [801.38] Int. Issue er 4046250:806677( I I V: I'nit [801.28] Int-Ixsue Qr} 40462538066771 1 l'nit [801.28[ 110' Issue er4046254:8t16677 1 1?4- System I'nit Alarm 13 242015 7 5" l'yent Page 4 Released in Compliance of SB 1421 4/10/2019 System Unit Alarm System Unit Alarm Alarm Timer Extended: 0 Alarm Timer Extended: 0 Alarm Timer Extended: 0 Unit er 4046274z804788 CLETS - 1R QVC: Unit Ianssue er 40462752804788 CLETS - 1M QM: Unit 30x11] er 40462762804788 curs - 1.1: LOI search completed at 12/23/15 16:19:33 L01 search completed at 12/23/15 16:30:02 1.01 search completed at 12/23/15 16:35:22 System Unit Alarm Alarm Timer Extended: 0 1.01 search completed at 12/23/15 16:47:36 L01 search completed at 12/23/15 17:16:43 LOI search completed at 12/23/15 17:16:59 LOI search completed at 12/23/15 17:17:27 1.01 search completed at 12/23/15 17:18:01 System Unit Alarm Alarm Timer Extended: 0 Case number PP1507911 has been assigned to event 1?1?153570101 by: ADRIENNE MOORE on terminal: padspZ System Unit Alarm System Unit Alarm System Unit Alarm System Unit Alarm CONTACT MADE - Alarm Timer Extended: 0 CONTACT MADE IN ER - Alami Timer Extended: 0 Alarm Timer Extended: 0 Alarm Timer Extended: 0 LOI search completed at 12/23/15 17:57:45 UNIT 801.44 TO JOSE MILEAGE 85200 COMMENTS: KIA BOOKED FOR I-ZVIDENCE EYS BOOKED UNIT 80L44 MILEAGE 85218 TRANSPORT ARRIVED COMMENTS: LOI search completed at 12/23/15 19:00:54 System Unit Alarm Alarm Timer Extended: 0 L01 information for lit-?em a PP153570101 was \?ieued at: 12323115 19:53:01 by: RYAN JOY on terminal: padspS LOI search completed at 12'23/15 20:27:29 UNIT 80L25 TO 'ii?jSAN JOSE MILEAGE 12/24/2015 7:56:39 AM Iiwnt Search Page 5 Released in Compliance of SB 1421 4/10/2019 78711.3 COMMENTS: X5 BLOOD TECH TO THE BLOOD TECH CALLED UNIT 80L25 MILEAGE 78729.9 TRANSPORT ARRIVED COMMENTS: Preempt Unit 80x9 BLOOD TECH WENT TO WRONG LOCATION WILL BE 49 TO SI MAIN JAIL NOW LOI search completed at 12/23/15 21:19:23 BLOOD TECH ETA OF SMINS System Unit Alarm Alarm Timer Extended: 0 Times: R_ec A_dd Dispatch Enroute Arrive Close Event Num 15:36:38 15:36:38 15:36:38 15:37:57 15:36:39 01:54:29 PP153570101 Case Number Event Number PP1507911 PP153S70101 Units Car ID 80L 19 5259 80L21 5148 80L24 801.25 80L26 80L28 5142 80L43 5227 80L44 5145 80L5 80X 11 5230 80X5 80X8 5250 80X9 5238 80Y21 5321 disposition I, 12 24/2015 7:56:39 AM Event Search Page 6 Released in Compliance of SB 1421 4/10/2019 I/Dispatcher Event Information Men ELAIIZH PAPD 4 12/23115 PAPD PP153570101 1095 Location: PA: MEN 150 Type: 1095 - STOP Subtype: Caller Name: Caller Addr: Caller Phone: Call Source: OFFICER Tune Remarks 15:36:38 SPECIALADDRESS COMMENT: 15:36:38 180 El Camino Real; Low Xstreet: Sand Hill Rd/High Xstreet: Quarry Rd 15:37:39 0N SAND HILL SIDE BY MACYS WITH GROUP OF SHOPLIFTERS 15:38:51 80x9 -- ONE DETAINED 15:38:56 80X9 -- REDUCE UNITS 15:39:36 3 SUBJS BMAS SKINNY ONE WITH 15:39:45 80Y21 -- CONTACTING LP 15:41:48 ONE WITH SHIRT THAT SAYS 501 15:42:28 LP HAS 3 INSIDE 15:42:47 HAVE MEDICS MEET 80L21 AT STATION FOR SUSP 15:48: 18 80L5 -- BM 6'2 BLK SHIRT BLUE JEANS 15:49:09 FIRE STAGED 0N BRYANT SIDE AT PD 1203/2015 8:50:42 PM Dispatcher_Event_info Page 1 '11 me 15:55: 13 15:57:31 15:58:47 15:58:47 16:04:11 16:05:32 16:05:32 16:06:39 16:06:56 16:07:16 16:08:21 16:08:22 16:08:47 16:10:17 16:10:36 16:10:37 16:12:02 16:12:44 16:12:44 16:13:18 16:13:57 16:15:13 16:16:10 16:16:48 16:17:25 16:17:27 16:17:28 16:43:55 16:46:31 17:26:55 17:31:27 17:46:47 Released in Compliance of SB 1421 4/10/2019 Bangle LOOKING FOR BLUE 80L19 -- DETAINED UNIT 80L43 TRANSPORTING TO MILEAGE 065 COMMENTS: 80L19--10-1510-19 UNIT 801.44 TRANSPORTING TO 85199: MILEAGE COMMENTS: System Unit Alarm 2 RENTAL VEI-IS KIAS NO OTHER SUBJS CURRENTLY OUTSTANDING UNIT 80L43 MILEAGE 66 TRANSPORT ARRIVED COMMENTS: Alarm Tuna ExIended: 0 PLA System Unit arm System Unit Alarm Alarm Tuner Extended: 0 Alarm Timer Extended: 0 System Unit Alarm UNIT 80L44 MILEAGE 85200 TRANSPORT ARRIVED COMMENTS: System Unit Alarm Alarm Timer Extended: 0 System Unit Alarm System Unit Alarm System Unit Alarm Alarm Tamer Extended: 0 Alarm Timer Extended: 0 Alarm Tamer Extended: 0 System Unit Alarm Alarm Timer Extended: 0 System Unit Alarm Alarm Timer Extended: 0 System Unit Alarm 12/23/2015 8:50:42 PM Dispatcher_Event_info Page 2 Released in Compliance of SB 1421 4110/2019 Tune Remarks 17:47:02 System Unit Alarm 17:47:30 System Unit Alarm 17:48:07 System Unit Alarm 17:52:28 CONTACT MADE - Alarm Timer Extended: 0 17:53:02 CONTACT MADE IN ER - Alarm Timer Extended: 0 17:56:09 Alarm Timer Extended: 0 17:56: 10 Alarm Ttmer Extended: 0 17:57:46 UNIT 801.44 TRANSPORTING TO JOSE MAIN: MILEAGE 17:57:46 85200 COMMENTS: 18:20:14 KIA BOOKED FOR EVIDENCE 13:20:31 BOOKED 18:23:10 UNIT 80L44 MILEAGE 85218 TRANSPORT ARRIVED 18:23:10 COMMENTS: 19:30:53 System Unit Alarm 19:31:01 Alarm Timer Extended: 0 20:27:30 UNIT 801.25 TRANSPORTING TO JOSE MAIN: MILEAGE 20:27:30 78711.3 COMMENTS: 20:30:32 XS BLOOD TECH TO THE BLOOD TECH CALLED {it 30L 1 9 801.24 AR 80L25 80126 8015 soxs 80x9 casenumber PP1507911 122312015 8:50:42 PM Dispatchernl-Zvent info Page 3 Released in Compliance of SB 1421 4110/2019 d1 spggigign 8:50:42 PM DispatcheLEvcnt?in fo . Page 4 Released in Compliance of SB 1421 4/10/2019 City of . 4'0 Alto Police Department Technical Services Division/Records Unit QC Case Number: iC? 767/] Check All Apph'cable Boxes: pi ORIGINAL Cl WARRANT El FACE SHEET CASE Cl SUPPLEMENT CI ACCIDENT CI WARRANT COMPLAINT REQUEST SUPPLEMENT TO COURT LIAISON CI DAMAGE TO CITY PROPERTY Date Received in ODE: PR5 Initials: Date If Original Sent Back to Of?cer: PR5 Initials: Date Re-submitted to ODE: PR5 Initials: Records Process Date of Action PR5 Initials STRIPPED COPY TO COURT LIAISON SUPPLEMENT ROUTED To CRIME ANALYST SCAN T0 ATTACH DATA CJIC CITES COURT LIAISON REVIEW CLETS ENTRIES PROCESSED NOTICE OF STORED VEHICLE CLETS REVIEW EMAIL SENT To JCR PACKET TO ISD OTHER RECORDS AUDIT Notes/Comments Revised 9/2010 LPS Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE DEPARTMENT 1 ASE NUMBER 15.7911 275 FOREST AVENUE PALO ALTO, CA 94301 (850) 329-2406 ASSOCIATED CASE NUMBERS MI: 11? In! REPORT TYPEICLASSIFICATION Assaultheace Of?cer 0" 12l23l15 15:30 Wed 180 El Camino 0" EVENT 12123115 15:30 Wed mm om BOOKING Cl ?Am" "?5533? mm 12123115 15:30 Wed State of Cal lfornla var-smear. mun macaw. [3 mm mauve: re as cm: In]! mm: mm ?311 mm ?mm Philip, Brian on ?le View nausea Usuanmauu Unmamr. l' new 1mm cm mm anon: 1mm was on file El]! mu MODE mm 275 Forest Ave Palo Alto, Ca 94301 650-329-2413 mu: mm mm mm mm mm Victim I mm moms an mu: m: Mm menus-cunt: Iran limo Dunno unnacme IELEASEDIYOCENE nemrmmaum [j Hum: IMAV DHATE CRIME THEFT EST. L055 1N DOLLARS VANDALISM - EST LOSS IN DOLLARS CITERRORISM EVIDENCE [:16 ANS TYPE OF PREMISES STORE POINT or ENTRY DPROPERTY DTERROR SM 0F ENTRY VIOLENCE mum 1 . I RAGE I QE EAGEI 2 I I Fino 6381 12123116 L): a} :7 2 3. '3 Released in Compliance ofSB 1421 4/10/2019 WM PALO ALTO POLICE 5W VJ LAssaultheace Of?cer PERSON REPORT 15-7911 "EuTssT?cI?Eu- iw 1h? 1 ?men 1] lawn. v1c.w!A35l3T. wussnc VIOLENCE PC as: P1018 Am}! 51m DP CODE TELEPHONE NUMBER DRIVERS LICENSE NUIBEB SLATE WLW.W CITY SIAM. 11? ED: Iwnm CELLULAR IELEPHONEKWEEB 1351- mm magnum: morn mom mm: suuAL ISSAULT assm mouencs PC UP CODE SIAIE l_ cumulus Eamon: NUMBER NAME SE3 mam mm mm u? LJ wcru muses [j SEXUAL ASSAUIY Danesnc VIOLENCE P: animus: my am: a? can: IzLamoumwam Dumas ucens: rwyam 3mg 1 micnooLmnEAuo muses: cm am: av :cas manage mum cg. . nuarmnom NUMBEB i 1 NAHE (LAST, ?"51 BM: 0- BIRIH khan?? 7mm: ?w ELF wcma ADVISED EL ASSAULY ?cam Assns'r [j Dove-5m .rmn-c: [7 PC STAYE LP CODE IELEPHDMINJMBER OBJVER: 3m: i mm WE NW ADDRESS SYAYE CODE IELEPBQHE cmm? mgp?g wyagcusslrunon NAHE RACE SEX WBGEI Lw LJ 77 I nnws?n SEXUAL :7 ASSIST wuexce PC1511 cm 5M7: HELEN. DRIVERS mans: mama 51m. .1 mmcuoo; NAME mm moans: cm sum. a: 2:2: Iwnoxa NUIEER cannula NUMBER MCLE INFO CCLOP- r? I, a ?7 . Vlcum IL I I 1 1 Wynn" ADOHESSI Cl" LIPCODE ?th STOLEN [j wrouuoso STORED LEFTATSCENE HELcroa rmmaomnuauun mum: Lu um um sumam ID HUBER DALE 7 . . East I QF Paoas LFino 6381 12mm '7 2% I 1., at)? I3 x3 g, 3 Fm Released in Compliance of SB 1421 4/10/2019 AssaultIPeace Of?cer PALO ALTO POLICE SUSPECT REPORT Cl ?8 15-7911 swag?; amomm. mmomasuen manual cowwnr nemcw woo-m BARE UNI-MOE DWC EISEEJCR 236 BLKIBRN mama! mm! mm magnum Eff! _m l_ cum gray plaid Shirt, blue jeans. sneakers mm: mun M: nuns Serum: AFRO RECEDING BEARD CAPFHAT 330v ODOR ms coo; -.oc euusmvsu STRAIGHT CLEAN SHAVEN us:> GLOVES GJ SE AWEET BRAIDED WAWICURU FU MANCHU snags: wsn. REVOLVER 05cm COLLAR Wmo?upEE GOATEE mm SROOMED mas I CREW cm use: LOWER up GOLD Em AUTO Lo?sc. BGLASSES SHOTGUN cm E: LDC PONY SUNGLASSES 5105 BURNS SIMJJTED puma um 5 UNKNOM. new 540m ELEFT OTHER I mom ADDITIONAL SEE NARRAT-VE CODE: mum LI soc-(ED :11 mL RELEASED mm. courum omens: mm use an 11mm! mm mamas 11mm amnosamr IO 0mm msamum mt: mm cm mu: canon: unutmnm am: am: amen: rm amount I new ?Mm! cannula: mm mm: mm: We. AFRO Receows sum Ascev 5mm? sec-v ODOR 477 MG ?5 CODE STRAIGHT CLEAN - Sn GLOVES BRAIDED Jr'a: nxsupmmw mamas COLLAR WGITOUPEE GOATEE mm: mm 1.2-1 GROOMED RIFLE I am 10111512 up 32-: Hme' sun ?1 Lox: GLASSES MUSTACHE meow ?1er CODE m] a: now m. SUNGLASSES 5106 BURNS a3'ra~. A: IML-LATED puma 5 .ve: 90* BELJ unmom 11mm LEFT SMALL we: BRIGHT AZDITIONJL SEE v5 cone: mun mm P-ntucma mm mm: IQDEL me some am: _l 1 11mm cm am: or can: 0mm mm: 11mm am. mammal um um EASE or. I - 1' . Fine 6381 12123115 1 IL 3 3 I Released in Compliance of SB 1421 4/10/2019 REPORT TYPEICLASSIFICATION ALT POLICE (TAS Assault Peace bursa: CONTINUATION 15-791 1 1 Synopsis: 2 3 Police contacted the suspect to investigate a reported shoplifting incident. The suspect resisted 4 arrest upon being contacted by Police Officers. The suspect used his body force to avoid 5 handcuf?ng procedures. Multiple of?cers arrived at the scene, and assisted in taking the suspect 6 into custody. Arresting Of?cers received injuries as a result of the suspect?s violent actions. The 7 suspect was booked into jail. 8 9 Investigation: 10 11 On 12/23/15, at 1530 hours Sgt. Philip, and were assigned to the Special Enforcement Team 12 and dressed in plain clothes. We were also operating an unmarked police vehicle. The vehicle 13 we were operating was a Chevrolet Caprice, which is equipped with two front spotlights 14 mounted on the drivers, and right front passengers door. Sgt. Philip was driving the car while I 15 was seated in the right front passenger?s seat. The vehicle is also equipped with a laptop 16 computer, which IS located between the driver and passenger 3 area. The computer was open 17 and operational at the time of the incident. 18 19 We responded to the Stanford Shopping enteq 20 _We entered the east parking lot of the Stanfor opping 21 Center from El Camino Real, and Sandhill Rd. We drove west into the parking lot towards the 22 Men?s Macy?s Department Store. We then completed a right turn in front ofthe Men?s Macy?s 23 Department Store, and saw three African American males standing on a raised cement parking 24 strip. 25 26 The parking strip was located approximately 15-20 yards to the east of the east front doors of the 27 Men?s Macy's Store. The three males were standing close together, and it appeared that one of 28 the males was talking on his cell phone. We drove within several feet in front ofthe group. 29 which immediately drew their attention. They carefully followed our car with their eyes as we 30 completed a right turn into the adjacent parking lane. 31 32 Based on the groups behavior 1 believe that they recognized us as Law Enforcement Of?cers. 33 The parking lot was moderately ?lled with holiday shoppers at this time. 1 noted that other 34 shoppers in the parking lot did not follow us as intently as we drove through the lot. We then 35 completed a U-turn prior to entering a parking lane. and parked near several cars. 36 37 We had a clear view of the group, and 1 saw that they continually looked towards our direction. 38 After several minutes the group walked across the street. and entered the east entrance doors to 39 the Men?s Macy?s Store. We then suspected that they were involved in criminal activity due to 40 their actions. We drove towards the front delivery area. and parked near the Macys entrance 41 doors. 42 43 Sgt. Philip and entered the east entrance doors. and immediately contacted Witness- 44 Witness ?as standing inside of the east entrance doors. She was dressed in a 45 red colored waist length jacket. The jacket was marked with Macy?s Security on the left front 46 breast area, and Security in large letters on the back. OFFICERS NAME 1D NUMBER DATE Review ID DATE . D. Firm 0638] 23 DEC 15 1 (Us Released in Compliance of SB 1421 4/10/2019 (F. REPORT TYPEICLASSIFICATMN UPPLEMENT- PALO POLICE CA Assault Peace 0 leer ONT ATI ON 15-7911 u?l ?l Witness ppeared tense. and nervous as Sgt. Philip spoke with her. Sgt. Philip asked Witnes 'f the group of men were involved in stealing merchandise from the store. Witness plied that one of the guys, 1 think stole a shirt. She then looked around the interior of the store, and immediately saw Suspect -walking within several feet of us. Witnes looked directly at Suspect -and said he?s with that group that took the shirt. Suspect then exited the east exit doors near the area where we were standing. Sgt. Philip, and 1 followed Suspect-as he briskly walked cast into the parking lot. where the group had initially been standing. We followed Suspect-t a normal pace, and I heard Sgt. Philip tell him to stop, Palo Alto Police. Sgt. Philip used a loud clear voice as he ordered him to stop. 12 13 Suspect 'ho was holding at Macy?s shopping bag in his hand continued to walk, and 14 ignored Sgt. Philip order to stop. Sgt. Philip again told Suspect-to stop, Palo Alto 15 Police. Suspec ontinued to walk at a fast pace ignoring Sgt. Philip. Sgt. Philip 16 walked next to Suspec and applied a light control hold on his right hand. 17 18 I contacted Suspect-and applied a control hold on his left hand. 1 also dis layed my 19 PAPD badge to him, which was positioned on the left side of my belt. Suspec became 20 angry and began to yell at us. He yelled, I didn?t do nothing wrong." He then clinched his ?sts 21 and attempted to pull away from us. 22 23 We continued to apply control holds to his hands, but the suspect became more aggressive and 24 began to use his body weight to resist us. The suspect is large in stature and is approximately 5- 25 11, and weighs 250 lbs. The suspect used his strength, and weight to push and attempt to free 26 himselffrom us. The suspect continued to yell, what 1 am detained for. I?m going to sue you 27 guys, I paid for everything. He also looked directly at Sgt. Philip and said. you can?t hold me. 28 you guys are weak mother fuckers. 29 30 I replied in a claim voice, stop lighting us. wcjust want to talk to you. you need to calm down. 31 The suspect continued to yell, and refused to comply with our orders. We pushed the suspect 32 back against a parked car, and used our body weight to keep him in this position. We also 33 continued to apply control holds to his hands. and were unable to place him in a 34 position. 35 36 Sgt. Philip used his police radio to broadcast the incident to the police dispatcher. He requested 37 Code 3 police patrol units respond to assist us. We continued to hold the suspect against the car 38 for several minutes. 1 then noted several uniformed patrol Of?cer to arrive in the area. The 39 Of?cers parked nearby and ran to our location to assist in the handcuf?ng ofthe suspect. 4O 41 I continued to apply a control hold on the suspect's left hand, while other Officers made contact 42 with the suspect. The suspect was subsequently pushed to the ground and placed onto his 43 stomach. The suspect continued to yell and pull his arms away from us. Of?cers at the scene 44 gave the suspect orders to step resisting. but he refused to comply. 4S ID NUMBER DATE Sl \1 1D. MBER DATE D. Fino 06381 23 DEC 15 3 77? '3:le it Released in Compliance of SB 1421 4/10/2019 . REPORT TYPE PALO POLICF Assault I Peace 0 leer CONTINUATION 15-7911 1 Ultimately we were able to place the suspect?s hands behind his back, and he was handcuffed. 2 The suspect was tranSported to-Hospital for treatment to his injuries. 3 4 I then returned to the Men?s Macy?s Store to conducted follow-up investigations. I contacted 5 Witness_ and obtained her statement. 6 7 Statements of Witness? 8 9 conducted an interview with Witness? in the Macys security of?ce. Witness 10 told me that she is employed as a Loss Prevention-Of?cer by Macy?s. She is 11 considered a seasonal employee and has been working in this positon for one month. Her duties 12 include greeting customers who enter the store, reporting suspicious activity, and to deter theft 13 related crimes. She is required to wear a red colored Windbreaker style jacket, which is marked 14 Macy?s Security on the front of the jacket. The words Security are printed in large letters on the 15 back of her jacket. 16 17 She also told me that she places her hair up above her collar to display the words security clearl 18 on herjacket. She received approximately one hour of security training from her Supervisor? 19 The training consisted ofidentifying su5picious activity, investigating the theft of 20 merchandise, and assisting customers. She was also trained to report the above listed incidents 21 to on duty Loss Prevention Agents. She continued to say that she received limited security 22 training because she was hired as a seasonal employee. 23 24 She began her shift today at 0900 hours, and was the only Loss Prevention Officer assigned to 25 the Men?s Store. She was provided with a company cell phone, and was not given a handheld 26 radio to use during her shift. She was required to rotate from the East entrance doors, to the west 27 entrance doors during her shift. 28 29 At approximately 1500 hours she was positioned inside of the east entrance doors. She was 30 wearing her securityjacket, and was monitoring customer?s activities on the first floor. She saw 31 four African American Males enter the east entrance doors. The males entered as a group and 32 were talking to each other. She approached the males and greeted them as they walked near her. 33 . 34 Three males immediately walked to a POLO brand display table, which was positioned in near 35 the entrance doors. She said that the group ignored her as she attempted to Speak with them. 36 She then saw Suspect-Split off from the group. and walk towards the upstairs escalator. 37 She monitored the group?s activities because they appeared suspicious. She positioned herself 38 near the display table and watched the three male's rifle through shirts on the table. 39 40 She believed that the males were just walking through the store, because they did not behave like 41 normal shoppers. They did not look at the price tags. or inspect the merchandise for fit. They 42 were loud as the spoke to one another. and appeared to be misbehaving in the store. She said 43 that Suspect?ppeared to want to separate himself from the group, because of their 44 behavior in the store. 45 OFFICERS NAME ID NUMBER. DATE ID NUMBER DATE D. Fino 06381 Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE Assault 1 Peace 0 tcer CONTINUATION 15-791] 1 One of the males described as having a Mohawk haircut approached her, and ask if the P010 2 sweaters on the table were thirty percent off. She replied yes. The male returned to the table. 3 and the group began to watch her. 4 5 The group continued to walk around the ?rst ?oor of the store. One of the males removed a 6 black colored Polo Brand pullover sweater from a rack near the sales table. The male then 7 approached a sales person positioned at a nearby sales register. That male and another male 8 wearing a baseball cap then walked to the west portion of the store, and browsed another display 9 table. 10 1 -ollowed the two males as they browsed the display table and monitored their 12 activity. She further stated that the male who was holding a hover board exited, and entered the 13 store three times. The two males continued to watch her, and appeared to be upset that she was 14 following them. 15 16 She then saw Loss Prevention Of?cer-Jositioned in the Sunglass Hut sales area. She l7 approachet-and told him that she believed that the group of males were acting suspicious. 18 She requested that-monitor the groups activities in the store via the security camera 19 system. 20 21 returned to the west portion of the store, and saw the male with the Polo sweater 22 positioned near a sales table. She believed that his actions were suspicious because he did not 23 purchase the sweater at the time he spoke with the sales person on the east side of the store. She 24 suspected that he walked to the west portion of the store to steal the sweater. 25 26 She next saw the three males exit the east entrance doors. The group of males then walked 27 across the street into the parking lot area. They stood in the lot and began to watch her. She 28 stated that she felt that the group was trying to intimidate her by their actions. The male with the 29 Mohawk haircut walked towards the front entrance doors. He then removed the sales tag from 30 the black Polo sweater and placed the sweater on in an aggressive manner. He then turned away 31 from her and returned to the group. 32 33 She stated that she only witnessed Suspect - as he initially entered the store with the 34 group, and as he left the store prior to his arrest. She later stated that she believed that Suspect 35 could help identify, or assist in identifying the group ofthree males whom she suspected 36 stole the black Polo sweater. 37 38 I asked_ ifshe has participated in any theft related investigations since her 39 employment vvith Macy?s. She that she was involved in one incident, but could not recall the 40 speci?c circumstances. She told me that she has limited experience as a Loss Prevention 41 Of?cer, and relies on her life experiences to identify suspicious activity. She stated that she 42 participated in thefts from stores as ajuvenile, and had spoken to persons involved in theft 43 related crimes. 44 45 She Stated that persons involved in thefts from stores often attempt to distract Security Of?cers 46 and sales person by misbehaving. or watching employee?s activities in the store. She continued OFFICER 5 NAME ID NUMBER DATE ISORIEEVIEW ID NUMBER DATE D. Fino 06381 Released in Compliance of SB 1421 4/10/2019 upon me CLASSIFICATION @053? new (we PALO ALTO POLICE Assault I Peace Of?cer CONTINUATION 15-7911 1 to say that they often select high priced merchandise: they don?t look at the sales tags, and walk 2 to other areas of the store to conceal property. She said that persons involved in shoplifting often 3 enter the store in groups, and try to distract employees, while one of the members steals 4 merchandise. She believed that the group of males exhibited all of these patterns. 5 6 She described the group as follows: 7 8 1. African American Male age: 25-30 yrs, Mohawk hair style haircut. wearing a black/white 9 colored scarf around his neck. 10 2. African American Male age: 25-30 yrs. holding a hover board. 1 3. African American Male age: 25-30 yrs, wearing a long sleeve shirt with the number 12 ?510? printed on the chest, dark colored jeans. and wearing a baseball cap. 13 4. Suspect 14 15 I then contacted Witness? 16 17 Statements of Witness? 18 19 Witness?s employed as the Lead Detective for Macy?s Store and was on duty 20 at the time of the incident. I requested that?eview the stores security camera 21 system regarding this incident. We then review the security video together and saw the group of 22 four males enter the east entrance door oi?the store together. Suspect-was in the group 23 as they entered the store. 25 I then reviewed the purchase of the men?s Polo pullover shirt. and pants which was purchased by 26 Suspec- 1 saw Suspect- approach a sales register, and pay for the Polo suit. 27 The items were placed into a Macy?s shopping bag and he received a sales receipt for the 28 purchase. Suspect?was in the company of one of the males whom he entered the store 29 with. 31 I requested to view a video ofthe male with the Mohawk who purchased the Polo pullover 32 sweater. She told me that the sales register where the purchase was completed was not equipped 33 with a security camera. 35 1 then provided with the sales tag. which was attached to the Polo sweater and 3e pant suit that Suspec purchased. scanned the sales tag, and obtained 37 the sales receipt for the sale ofthe suit. The sales receipt listed the merchandise. and sales price. 38 The receipt also proved that Suspect-paid cash for the Polo suit. The total sales price 39 was $184.1 1. and Suspect-nodded $200.00 dollars in US Currency for the purchase of 40 the suit. 42 I requested a copy ofthe security video. which documented the incident. 43 advised me that I would have to contact her Supervisor? I contacted Robert 44 -by telephone and requested a copy ofthe security video. _told me that he 45 would have to obtain consent from Macy?s Corporate Attomeys prior to the release ofthe video. 46 OFFICERS NAME ID NUMBER DATE 91. 150R arvlhu IU I). Fine 06381 Released in Compliance of SB 1421 4/10/2019 CLASSIFICATION (SUPPLEMENT- CV PALO AU 0 POLICE Assault I Peace 01% 15-791] 1 Evidence: 2 3 recovered the suspect?s cellular telephone. and the Polo sweat suit which he purchased. 1 4 obtained a copy ofthe store receipt for the Polo suit which the suspect purchased. The above 5 property was booked into PAPD evidence. The suspect also submitted to a blood specimen. 6 7 Injuries: 8 9 Sgt. B. Philip incurred a 10 Suspec received an injury to his left eye. Both Sgt. Philip and the 1 I suspect received medical treatment for their injuriesRecommendation: 21 22 Prosecute Suspect-as booked for 69 23 2-1 PLEO 25 26 Sgt. B. Philip supplemental report 27 Of?cer Burgio supplemental report 28 Of?cer Schmidt supplemental report 29 Officer Burger supplemental report 30 Officer Wicht supplemental report 31 Act. 1.1. supplemental report OFFICE '3 AME ID TE Pi R's l?it tR/ithiL-V- ID \Ti. I). Fine 06381 23 DEC 15 g7 13 Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE [71 W's? Autumn? Of?cer 111590111 15-7911 JJW J1 mm mm: mama! nun-urn: mm uc an 91.! arson: IMMRM HATE NEW: mm mm :4 um mar-Ins ?mun-m autumn! [j 1-c a) an Inn. mm mm mammal! mu: 1 mm cm mm urcoo\ncm mo [3 mun v-cmn um" mum: 1mm! n: cm (I CODE 1mmsum. or coo: manna-u 1 was ultimatum mu mini-an: i I 1. 1 w_ sewn ?an? mm noun: nuance rc as cm mm. a! :90: lumen: mum mumxm mug cm sum zirconmum inn?:- -- JJ '1 I . - .. VET-MD muLmul [3 mt ?an my: ran-cs a: cm sun argue 1mm mun mu mm sun I I cm EPCWE 1mm c?mjwm . . Wu mu rm; :omn gnu-Luna 1 I 3 Han-r 1 1 A :l mlmmumm mu in]: mm mm It." war-mun [3 "up: mo noun Jun 1cm [3 annual-15cm q-ulmnonnm :1 um m1? nun-m DAII 1114mm mum - 1, PM: 0. Fine 06381 12123115 1 652 Ce 1 all?! .g Released in Compliance of SB 1421 4/10/2019 I Cast Assault] Peace Of Icer PALO ALTO POLICE CONTINUATION 15-7911 1 Statements of Witness? 2 3 On 12/28/15, I conducted an interview with Witnes_at the Stanford Shopping 4 Center. -is employed as a uniformed Security Guard Supervisor for the Stanford 5 Shopping Center. He has been employed as a Security Guard at the shopping center since 2012. 6 On 12/23/15?arrived at the shopping center to start his swing shift assignment. He 7 parked his ear in the Men?s Macy?s parking lot and began to walk towards the west side of the 8 Men?s Macy?s Store. 9 10 He walked out of the parking lot, and crossed into the street near the front entrance of the Men?s 1 1 Macy?s Store. He saw Suspectqalking from the direction of the east entrance doors to 12 the Men?s Macy?s Store. He came Wit in four feet of the Suspect who was holding a Macy?s 13 shopping bag. He noted that the suspect was walking at a normal pace towards the parking lot. 14 15 He then saw two Police Of?cers who were dressed in plain clothes following behind the suspect. 16 He believed that the two males following the suspect were Police Of?cers because of their 17 physical appearance. the way they stood. one Of?cer was holding a police radio, and the intent l8 look upon their faces. At this time he believed that the two Officers were intending to take down 19 (arrest) the suspect for a crime related offense. 20 21 Witness-hen completed a telephone call to his Security Dispatcher. He inquired if there 22 were any reported incidents in Lot 8 of Macy?s Men?s. The Dispatcher told him that there were 23 no reported events in the parking lot. Witness-equested an Of?cer be dispatched to the 24 area because he believed that the suspect was going to be arrested by the two Of?cers. At this 25 time he stated that he was standing on a raised cement island in the parking lot. 26 27 He was approximately six feet away, and had a clear view of the Suspect. and Of?cers. He saw 28 the taller Of?cer (Sgt. Philip) standing close to the suspect and engaged in a conversation. He 29 was unable to hear the conversation at this time. He then heard the Suspect yelling. I'm black 30 you wouldn't do this ifl wasn't black. 31 32 Both Of?cer then placed hand holds onto the Suspects wrists. 'l?he Suspect began to pull, and 33 push his body, hands, and arms away from the Of?cers. The Of?cers continued to place the hold 34 on the Suspects wrists. and pushed him towards a nearby parked car. The Su5pect pushed his 35 upper body forward. and Sgt. Philip respond by pushing against his shoulder. 36 37 The Suspect did not punch or kick at the Of?cers. but resisted by pushing and pulling away from 38 the Of?cers. Witness?further stated that the Of?cers did not punch. or kick at the 39 Suspect during this time. He recalled that the Suspect looked directly at him as he was holding 40 his cell phone. The suspect asked Witness-to video the event with his phone. 41 42 Witness-stated that the ?ght with the two lasted approximately 15-20 seconds. 43 He the saw two other Of?cers arrive at the scene. One of the Officers was dressed in plain 44 clothes, while the other Of?cer was dressed in a uniform. 45 .5 NAVF . ID NUMBER DAVE Fri? DATE D.Ftno 06381 23 DEC 15 0/29 ,5 PAGE 1 Released in Compliance of SB 1421 4/10/2019 nemrrm su- NTAL ?th9 PALO ALTO POLICE use stunts Assault I Peace 0 met CONTINUATION 15-7911 The Suspect was then pushed to the ground by the original two arresting Of?cers. He heard the Suspect repeatedly yelling, ?I?m black. I?m black?. Once the Suspect was lying on his stomach in the parking lot, he noticed the suspect to begin to arch his back up off the ground. He also saw a uniformed Of?cer punching the Suspect in the thigh area in an attempt to give him a, ?Charley horse". The Suspect continued to resist the arresting Of?cers by again pulling. and pushing his arms. and hands away from the Of?cers. The Suspect was subsequently handcuffed behind his back and stood up. This took approximately ?ve to six minutes. while the Suspect was on the ground. As 10 the Suspect stood up he heard the Suspect say. ?1 can?t breathe?. Witness .ated that the 11 Suspect did not appear to be out of breath because he was able to move about. 12 13 The SuSpect was then placed into a nearby patrol car. Witness-stated that the only 14 visible injury suffered by the Suspect was to a scrape to his left eye. He believed that the 15 Suspect could have received the injury, as a result of placing the left side of his face into the 16 ground and lifted his upper body into the air. Witness -did not witness any Police Of?cer 17 Choke. or kick the Suspect during the struggle. 18 19 Witnes.tated that it was evident by the Suspects actions. that he was stronger than the 20 arresting Of?cers. He stated that the Suspect. ?was not going easy. pushing and shoving. and 21 trying to get away". The suspect was able to push Of?cers away, and lift his upper body off the 22 ground while Of?cers were positioned on top of him. believed that the Suspect was 5?10 23 6-0 ft. in height, and weighted between 260-270 lbs. old me that he did not record the 24 incident on his cellular phone. 25 26 Additional Information: 27 28 As Sgt. Philip and I attempted to arrest the Suspect. 1 saw Witness-standing nearby. 29 later spoke with Sgt. Philip about Witnes'resence and was told that- was 30 employed as a guard by the shopping center. 1 contacted the security of?ce after the incident and 31 requested to conduct an interview with him. 1 was unable to conduct the interview on 12123315 32 due to the late hours. 33 34 Evidence: 35 36 1 took photographs of Witness-eating her red colored Macy's security jacket. 37 The photo was downloaded into the PAPD photo database. 38 39 Recommendation: 40 . 41 Forward to Court Liaison Of?cer. mm 5 ID NUMBER 0er st tu-Lvtt?v? Injuries out I A D. Fmo 06381 28 DEC 15 L- (t a ?Li Pat'il? 2 Released in Compliance of SB 1421 4/10/2019 rm WEI. IRCLEI PALO ALTO POUCE ms. Assault/Peace Of?cer CONTINUATION 15-791 1 1 Investigation: 2 3 1 am the supervisor of the Palo Alto Police Special Enforcement Detail (SED). My three of?cers 4 and I are tasked with handling crimes and quality of life issues in and around downtown Palo Alto, the transit depot, and the Stanford Shopping Center. Much of my team?s focus is spent 6 combating theft and narcotic related crime and their residual effects on the commercial areas of 7 Palo Alto. 8 9 On December 23, 201 at approximately 1530 hours, my partner and 1, Of?cer Dan Fino. arrived 10 at the Stanford Shopping Center?We were operating 1 1 vehicle 5323, which is a silver unmarked Chevrolet Caprice. My team and I were in plain clothes 12 Upon arrival at 13 the shopping center, Officer Fmo and I drove throug parking lot on the northeast side of the 14 mall. As we drove past Macy?s we both saw three subjects loitering on the edge of the parking 15 lot while talking on their cell phones. All three subjects appeared to be physically animated and 16 boisterous amongst themselves, much different than all of the other holiday shoppers in the area. 17 They made contact with my partner and me as we drove by, seemingly nervous as a result of 18 our presence. Although our vehicle is unmarked, it has normal police spotlights on both sides 19 and is the same style as the newer marked Caprice police cars. It was obvious to my partner and 1 20 that these three subjects recognized us as law enforcement and upon doing so. all three subjects 21 quickly entered Macy?s. 22 23 Given the amount of retail crime at the shepping center during the holiday season, I suspected 24 that these subjects could be one of the many Organized Retail Theft (ORT) crews who have been 2? plaguing the shopping center. 1 also knew from the six years I spent in the PAPD property crimes 26 unit, three as a detective and three as a supervisor. that Christmas time is one of the most 27 prevalent times for high end retail thefts. I knew from my training and experience that these 28 particular groups operate in larger numbers specifically to distract store employees and loss 29 prevention of?cers to order to conduct ?grab and run" thefts. In some cases, these criminal 30 groups use intimidation tactics where they actually steal items in plain sight using their 31 aggressive behavior and often, larger statures to walk right out ofthe store. These cases often 32 result in a confrontation between loss prevention and the suspects, where the suspects usually 33 prevail. 34 35 With the foregoing in mind, my partner and I decided to park in the loading zone in front of the 36 store and conduct a patrol check inside Macy?s. As we entered the store in plain clothes. we 37 identi?ed ourselves as police of?cers to a woman wearing a red jacket that said "Macy?s 38 Security? on it. She was somewhat frantic and appeared to be talking on a cell phone. 1 asked the 39 woman, later identified as_ if everything was all right. She told me that there were 40 several subjects inside the store acting suspiciously and she believed that they were involved in 41 theft related activity. 1 asked her to describe them. She stated that they were all black male adults 42 and had just re-entered the store before we did. One of them had a black shirt on with the 43 numbers "510" across the chest. Based upon her description. these were the same subjects whom 44 we saw when we originally arrived in the area. 45 omccn's NAME ID smitten one SI. rs ?imsy?- to muster: DATE Sgt. B. 5205 12/23/15 4 s. (125?? Released in Compliance of SB 1421 4/10/2019 [Rut-l) PALO ALTO POLICE ex: tar-zit Assault/Peace Of?cer CONTINUATION 15-7911 1 She stated that these subjects had gone in and out of the store several times. She further stated 2 that one of them went outside the store before we arrived with a shirt in his hand. She saw him 3 staring at her from the parking lot. While doing so, this subject held up the shirt, ripped off the 4 sales tag, and put it on. In her mind, he was trying to demonstrate that he stole the shirt and that 5 she could do nothing about it. She stated that this subject was now somewhere in the store. As 6 we were speaking with her trying to get more information, a large statured African American 7 male walked by us-uddenly turned and looked at him and told us that he was with the 8 earlier described group. We watched him walk away into the same parking lot where we saw the 9 original group congregating. The subject was carrying a shopping bag, had baggy blue jeans 10 hanging low below his waste, and was wearing a plaid style long sleeve shirt. Based upon the 11 suspicious behavior afoot inside the store, we decided to contact this subject to glean more 12 insight into the grOUp?s actions. 13 14 Officer ino and exited the store and yelled to the subject as he crossed into the parking lot 15 directly to the east. We told him to stop and I speci?cally said, ?Palo Alto Police? as I lifted my 16 sweatshirt up to expose my silver police badge. was also carrying a police radio and our 17 ?unmarked? car was parked directly behind us. The subject continued to walk away and 18 disregard our commands. Once again, we loudly and clearly yelled, ?police, stop!? We 19 eventually were able to walk up to him and I stated more softly, ?Palo Alto Police, can we talk 20 with you for a minute?, as have said many times before with specific intention to introduce 21 calmness into a detention. However, the subject who was approximately 5 foot 11 and 250 22 pounds, began to yell and scream that he did nothing wrong. Fearing his resistance, Officer ino 23 and I grabbed his hands in order to put him into simple hand holds. The suspect became tense. 24 clenched his fists, and began to pull away from us. I placed my left arm behind his right arm in 25 order to use a defensive tactics maneuver to lock his own arm behind his back. He resisted my 26 attempt and neither of us could bend his arms in any direction. The suspect yelled, ?You are 27 weak mother fuckers? and continued to violently struggle with us, pushing and pulling us in 28 multiple directions. At this time, I pressed on the police radio transmit button and requested 29 emergency assistance (code 3 cover) since we could not successfully overcome the suspect's 30 resistance. While additional units responded with lights and sirens, Of?cer Fino and I remained 31 in a physical struggle with the suspect. All three of us were pressed up against a random parked 32 car. On more than one occasion the suspect pushed off of the car in order to get into the roadway 33 in order to free himself. We forced him back into the side of the parked car and used it as a 34 backstop to keep him under control. Officer Finn and I were on either side of him trying to 35 secure the suspect?s arms behind his back while the suspect continued to break our physical 36 restraint in an attempt to break free. I told the suspect that more units were on the way and that 37 he should stop resisting immediately and relax. I continued to tell him multiple times to "stop 38 resisting" and stop ?ghting us. He did not respond to any of my directions. 39 40 The suspect?s strength was apparent to me given the fact that I rarely have any issues putting 41 someone into a control hold and then hand cuffs. This suspect?s arms remained rigid and firm 42 while he used his weight to prevent us from redirecting him: During the struggle, I attempted to 43 overcome the suspect?s resistance by using an arm bar take down technique. This technique 44 requires the officer to make the person off balance by bending him at the waste before sweeping 45 the person to the ground using their extended arm. As I tried to bend the suspect over at the 46 waste, he reared back and I felt a firm "pop? in my-I knew that something was NAME lD NUMBER DATE SUP V15 ID NUWER DATE Sgt. B. Philip 5205 12/23/15 010? Mid/0? I Released in Compliance of SB 1421 4/10/2019 RFPORI POLICE ("Ml BER Assault/Peace Of?cer CONTINUATION 15-7911 1 won but could do nothing about it until more of?cers arrived. was later admitted into the 2 ?Emergency Department, x-rayed, and diagnosed with? 3 will require further treatment? 4 5 As backup units arrived on scene, about. 6 of us were ?nally able to put the suspect on the 6 ground. He continued to ?ght all of us and would not give us his hands. I continued to tell the 7 suspect to stop resisting since I was basically face to face with him. He reared his head up on me 8 several times and I had to force his head down with my right hand to control it. My body was 9 directly on top of the suspect?s and my head was ri ht of his head. My left arm was bent around 10 his neck as a result of the take downh ll 1 made sure that the suspect was not being choked and worked to get my 12 arm free from underneath his head a soon as possible. 1 could feel signi?cant pain in my left 13 shoulder at this time. Eventually, the suspect told me he was done and would comply. i told him 14 that we would get him offthe ground but he needed to stop ?ghting. Although I could not see 15 what was going on behind me. i heard several of?cers state that he was ?nally hand cuffed. The 16 suspect was lifted off the ground and transported to the station for further investigation. 17 However, due to a facial injury sustained during the ?ght medics were requested by police to 18 transport the suspect to- medical center for treatment. 19 20 I remained on scene and assisted Of?cer Fino with follow-up. 1 also helped on scene units locate 21 and detain other possible conspirators. See the report ofOf?cer Fino for speci?c information 22 about the circumstances involving this group. 23 24 Statement of Suspect? 25 26 At approximately 1800 hours, I arrived at the ER. After being treated myself. I returned to the 27 suspect?s location in the ER. He was admitted for medical clearance due to injuries sustained 28 during the arrest. I interviewed him in a trauma bay since there was no other location to do so. 29 This interview was recorded on my department issued recording device. A copy ofthe recording 30 will be booked into the Palo Alto evidence department. 3 32 At 1935 hours, I read the suspect his Miranda rights from my department issued Miranda Card. 33 The suspect verbally stated that he understood his rights by expressly stating "yes? at the 34 conclusion ofeach respective right. I began the interview by introducing myselfand telling him 35 that was one of the of?cers who originally contacted him. I explained why we were attempting 36 to talk with him so that he had a clear understanding from our perspective. I told him that we 37 contacted him after Macy?s security reported suspicious activity inside the store and that a store 38 security officer directed us to him as he exited the store. Furthermore. the security of?cer 39 believed that he?was part ofa group stealing merchandise from the store. I told 40 ?hat as police of?cers it is ourjob to investigate suspicious activity, which many times 4l involves talking with those potentially involved. As such. we contacted him in order to talk about 42 what the security person described. 43 44 I asked why he became immediately resistant to us as opposed to simply stopping and 4S talking with us. He responded, ?Because i didn't do nothing". I asked him that if he didn?t do 46 anything, then why did he have a problem talking with us. I told him that is what a reasonable SIPF FVIEW DATIE Sgt. B. Philip 5205 12/23/15 4 )l . (940; I Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE CA5 Assault/Peace Of?cer ON 15-7911 1 person would do. He began to reply, ?That is what a reasonable person would do but. . He said 2 he would have spoken to us if we had come at him a different way but he felt something going 3 on when he left the store and when we approached him he didn?t know what was happening. I 4 informed him that was there and that we didn?t get a chance to chat with him because of his 5 actions. I told him that all he had to do was sto tell us he did nothing wrong, and show us the 6 receipts he later told us about. I explained tohhat once someone shows us resistance we 7 can no longer attempt a simple interview. I told him that he is a big, strong person and that we 8 had no chance to talk to him once he made the decision to resist. He replied by saying that we 9 never told him to get on his knees or anything like that. i told him that all we wanted to do was 10 talk to him and that we had no initial interest in taking any physical control of him. 1 1 12 I explained to him that all that would have happened when we placed hands on him was that he 13 would have been detained and handcuffed in order to calm things down and sort out whatever the 14 security person told us. 1 then showed-he hospital bracelet on my wrist. I told him that 15 1 had to be treated for a-injury as a result of his actions and told him that simple l6 compliance would have kept both of us out of the hospital tonight. i told him things did not have 17 to go this way tonight, to which he responded calmly that what transpired was just a 18 ?miscommunication?. - agreed that cooperation would have led to a better result. 19 20 I asked-o tell me about his trip to Palo Alto tonight. He told me that it was his birthday 21 and that he was going shopping with his friends. He said that he was looking for an outfit to go 22 out and party in. He said that he and his friends are all from? and drove out here in a 23 rental car. I asked him if his friends were intending to do anything inside the store. He said they 24 were just helping him shop but his friends got on his nerves because they were rowdy inside the 25 store. He said his friends were younger and were talking loud, playing music. and making a 26 scene in the store. When they did this, he separated himself from them. I told him that they got 27 the attention ofthe security as a result ofthcir actions. He said that one of his friends noticed this 28 and thought security believed they were stealing. 29 30 -continued shopping and selected more items but eventually decided not to buy them. 1 31 told him that we saw his friends when we arrived at the store originally and saw them go inside. 32 He said his friends are young, loud. and were making scenes. 1 told him that security is well 33 aware of organized retail theft crews and that their tactics are consistent with the manner in 34 which his friends were acting.- understood that. i asked him ifhe would agree with me 35 that in the future, there is a better way to handle this situation. He agreed. He said that he is a 36 ?black guy? and was mad because he was being contacted by police. 1 understood that but 37 assured him our reason for contacting him had nothing to do with that to which- seemed 38 to understand. 39 40 Of?cer Fino came in the room and told_ about his friend who made a scene outside the 41 store when he mocked the security woman by ripping the tag off the shirt and putting it on so as 42 to suggest he stole it._ said his friend is an "asshole? and laughed. We explained to him 43 that although it may seem funny to his friend, this type of behavior causes a police reSponse. and 44 in this case contributed to his police contact-understood and called his friend an 45 "asshole" and a "real jerk?. 46 OFFICER 5 NAME ID NUMBER DAIE SLF 15 ID NUMBER Sgt. B. Philip 5205 12/23/15 Mob? A Released in Compliance of SB 1421 4/10/2019 l'li'i 5 Etllf?l?? I A51 f. lilrfR Assault/Peace Of?cer (UN ION 15?7911 I asked him about the time we spent with him pushed up against the car. I asked why he didn't 2 accept our multiple offers to relax and calm things down. I told him that we didn't even know 3 who he was and simply needed to ask him about a couple of things. Once again he stated 4 that he didn?t do anything:I and didn't want to be detained. He told me that he thought we could 5 talk like men. We reiterated that we walked up to him. spoke calmly. and really tried to talk to 0 him without success. Without an opportunity to talk to him. we had no possible way ofhearini:I 7 what he had to saw. We told him we were not into wrestling with people and that we were too old 8 for that. he jokingl) responded that he is.and is too old as well. [ind ol?intert'iew. 9 10 Of?cer Schmidt and ll?licer littrgio transported and hooked tlte suspect into the main jail for I: a Recommendation: 13 Supplement only. i'lH-H'Ht l- 'l \3 F. 'sti ll! VII \rl Sgt. B. Philip 5205 12/23/Released in Compliance of SB 1421 4/10/2019 SUPilfhh?l PALO ALTO POLICE TBER Assault Peace Of?cer CONTINUATION 15-7911 1 INVESTIGATION 2 3 On 12/23/2015. I was on patrol with the Special Enforcement Detail. was partnered with 4 Of?cer Schmidt and we were plain clothes and in an unmarked vehicle. Officer Schmidt was 5 driving and we were at the Stanford Mall. was monitoring the radio and I heard an emergency 6 call for assistance. Sgt. Philip requested ?code 3 fill." and he was at the Stanford Mall near Sand 7 Hill Ave. As we neared the Macy?s Men's store. 1 saw Sgt. Philip and Of?cer Fino with a 8 suspect, later identi?ed as? was standing up and Sgt. Philip was restraining the 9 suspect?s right arm and Ofc. Fino was restraining the left arm. I exited my vehicle and went to 10 assist Sgt. Philip and Ofc. Pine. 11 12 As I made contact with Sgt. Philip, he stated that-was not cooperating and that he was 13 resisting. I was positioned on?left side and was holding his left upper arm. We 14 attempted to handcuff the suspect and he stiffened his amis and forcibly pulled away. Sgt. Philip 15 said to take?o the ground. I lost my grip of the suspect?s upper arm, but other officers 16 were able to take the suspect to the ground. I went to the ground with- still staying on 17 his left side. When-was on the ground he grabbed my left foot and my left leg. I yelled 18 at?to stop ?ghting. to stop resisting. and to put his hands behind his back. I pulled my 19 leg away from- to keep him from grabbing my leg?Continued to resist by 20 pulling his hands away and trying to stand up by putting his hands in front of his chest and 21 pushing up. 22 23 was focused on? hands and I saw that they were under his chest. I was able to grab 24 ahold 0. left forearm. I yelled atqmultiple times to stop resisting.? 25 pulled away from me and moved his hands under is chest again-then started to push up 26 from th round with his hands and by lifting his upper body. The other officers were not able to 27 control hands or prey eat him from lighting? then moved his left hand towards 28 my left side. My gun was on my left side and within arm?s reach o?eft hand. It was 29 my perception at the time that- was moving his hand towards my gun in an attempt to 30 use my ?rearm against me or the officers on scene. I also had an exposed clip on knife in my 31 right pants pocket which was also in reach of? hands. Due to the suspect?s level of 32 resistance, his strength and size. was unable to get a control hold of- left arm. Sgt. 33 Philip asked of?cers on scene ifanyone had a "laser. 1 did not have a Taser or a baton. It was not 34 practical to use Spray on ecause all of the officers struggling with. would 35 have been exposed. Sinc left hand was near my gun and my knife. I feared that there 36 was an imminent threat of death or serious bodily injury to myself. of?cers on scene, and to the 37 public. i needed to immediately resolve the situation and overcome-s very forceful and 38 active resistance. I struck -one time in the head in an attempt to gain pain compliance 39 and immediately end the ?ght. I had no other option but to strike, because control holds failed to 40 stop Famarin from fighting, 0C would have exposed other officers on scene, I did not have a 41 baton or Taser, and my gun and knife were within arm?s reach of -eft hand. 42 Furthermore-was ?ghting and pulling away from of?cers and he could have grabbed 43 another officer's gun, knife. spray. or baton, 44 45 Moments after striking-l was able to gain control of his left arm. Officer Fino and 46 brought the suspect's hand behind his back. I put a handcuff on -le? wrist while OFFICER 5 NAME ID NUMBER DATE SUPERVISOR REVIEW ID NUMBER DATE BURGIO 6476 12/24/2015 f/ .. ,3 Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE CA5 ?95? Assault Peace Of?cer CONTINUATION 15'79? 1 Officer ino held?amt behind his back. The other officer's on scene were able to 2 handcuff the suspect?s right arm and gain control. Once the suspect was handcuffed he stopped 3 pulling away and resisting. The other of?cers on scene stood _ip and walked him to a 4 patrol car. 5 6 Later, I went to the hospital with Officer Schmidt to provide relief for Of ficer Monroe who was 7 with- in the ER. While at the ER 1 was contacted by Officer ino who requested 8 assistance at Macy?s. I drove to Macy?s Men?s Store and met with Witness?The 9 following is a statement from .n summary. 10 11 Statement of Witness - 12 13 .is at Macy's loss prevention agent that works in the Macy's Men?s store-has worked for 14 Macy?s as a loss prevention agent for five months-ins received an estimated eighty hours of 15 training in detecting suspicious activity, and theft. Today,- received a call from Visual 16 Security Of?cer? that there were four suspicious persons in the store. .net 17 wit nd she told him that the male dressed in the scarf, gave her a "mad dog stare." The 18 subject that was wearin the scarf confronted-ind asked why he was staring at her. This 19 confrontation made?very uncomfortable and she asked .10 monitor the group on 20 CCTV..nonitored the group as they were in the store-did not observe any suspicious 21 behavior. 22 23 After speaking with. spoke with witness _The following is a statement from 24 in summary 25 26 Statement from witness? 27 28 - is a Macy?s cashier at the men's store. 'l'oday. saw four suspicious African 29 Americans in the Ralph Lauren section ofthe store. escribed the suspicious behavior as 30 talking loudly, being disrespectful. wearing baggy clothing. checking sizes. picking up 31 merchandise, and distracting employees. The group distracted employees by 32 riding a scooter up and down the aisles. and blasting music in front ofother customers. 33 34 was not able to focus his attention on each one of the subjects because of the constant 35 distractions-ins witnessed prior thefts at Macy's and in those ast thefts, suspects have 36 distracted employees while another subject steals merchandise has received video 37 training with managers and loss prevention on theft?felt that the aforementioned 38 behaviors might indicate that they were stealing. 39 40 After speaking WiLl?_l returned to the hospital. At this point,- was treated and 41 discharged from the ER. Of?cer Schmidt and walked-outside to our patrol car and we 42 transported-o the Santa Clara County Main Jail. At the jail a blood technician met us 43 and took a sample of blood. i took custody of the blood. When Officer Schmidt and 44 returned to PAPD gmlood sample to ()flicer Schmidt for booking. 45 46 Recommendation OFFICERS ID NUMBER DATE ID NUMBER DATE BURGIO 6476 12/24/2015 7 a; 7 i] H. Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE Assault] Peace Of?cer CONTINUATION 15'79? 1 Supplement only, forward to court liaison. WEEKS 0 NUMBER DATE SUPER REVIEW NUMBER DATE BURGIO 6476 12/24r2015 at 117 74/1 3 Released in Compliance of SB 1421 4/10/2019 REPORT i?i'Pl: _?t?lfl INVESTIGATION duty with my partner, Of?cer Burgio. We drove an unmarked vehicle 4 and wore plain clothes. We received a Code 3 till request (Of?cer needs emergency assistance) 5 from Sergeant Philip at the Stanford Shopping Center. We responded to the area and located 6 Sergeant Philip and Of?cer Fino engaged with the suspect, later identi?ed as 7 Philip and Fine appeared to be holding?against a gray llonda Accord in the mall parking 8 lotjust outside the east exit to Men?s Macy?s. l0 Burgio and exited our vehicle and approached to assist. I noted that Burgio wore his blue PAPD 1 1 external vest carrier and he had his PAPI) badge around his neck, displayed on his chest. I 12 tucked my shirt behind my PAPD badge and gun on the right side ofmy belt. As I approached, I 13 also notice Acting Lieutenant was approaching next to me. I saw- 14 struggling with Philip and Fino. Philip told US that we needed to take-mo custody and 15 that he was not going to cooperate. As a group (Philip. Fino, Burgio, and myself), 16 we began wrestling?(o the ground. gave several orders for?o get on the 1? ground and stop ?ghting. I also heard the other officers give similar commands. It was obvious to me that?(new that we were police of?cers and decided to continue resisting our 19 efforts to take him into custody. I identified myself as a police of?cer multiple times during the 20 struggle. 22 -nitially tried to shrug off and shake off officers as we tried to grab onto him and take 23 him to the ground. After we got ahold ofhim, he resisted our efforts to guide him to the ground 24 by twisting and arching his back upwards. Once on the ground,_ refused to comply with 25 orders to put his hands behind his back and pushed up from the ground in a push up motion 26 as we tried to get his hands and take him into custody. was not able to get ahold of? 27 hands or body because other of?cers were in the way. saw his left leg was loose and pinned 28 his left leg to the ground with my right knee in an attempt to limit his mobility and ability to resist the of?cers on his back who were attempting to get his hands under control. I saw that left hand was cuffed and went around to cad to get his right hand under control and behind his back continued to resist until he was fully cuffed. was able to work with Fine to force right hand behind his back for cuf?ng. AM. was in custody. responded to_ER to take custody of - watched him as he received medical attention. sat up and lay on his side although he was in a neck brace and Nurses asked him to lie on his back-complained of ain to his left eye. but ke?pressing on his and pulling on the swollen area around the eyehasked if he could refuse medical treatment. but I told him that he needed to wait for all of his test results to come back for his safety. The nurse told-that his orbit was fractured. but he continued to manipulate and tamper with his and the surrounding area. 1 called? Probation and requested a probation hold on The of?cer on duty told me that a hold was reasonable because-was The officer was not able to grant a formal hold immediately without ?further investigation." I also called? probation to request a hold for? but no of?cers were available. OFFK ID NUMBER DATE. SIPFMREVEW 11) NUMBER ATP J.Schmidt 6385 23 Dec 15 {am .. we. Released in Compliance of SB 1421 4/10/2019 mum-ausmums We? PALO ALTO r; MEIER Assault I Pea Of?cer ATI ON 15-7911 1 2 transported-to the Santa Clara County Main Jail for booking. Fino called and told me 3 to meet with a blood technician at the jail to take a blood sample from Santa Clara 4 County Blood Technician? took (2) vials of blood from 'ght arm in 5 my presence and gave me the vials in a sealed envelope. I gave the envelope to Burgio and 6 booked 7 8 Evidence 9 IO Burgio gave me the vials of blood at PAPD and I booked them into the PAPD evidence ll refrigerator. Fino gave me a Macy's bag, gray sweat pants, a gray sweatshirt, Macy?s transaction 12 documents, and a cellular phone at PAPD. I booked the Macy?s bag, gray sweat pants, a gray 13 sweatshirt, Macy?s transaction documents. and cellular phone into evidence at PAPD. 14 15 I downloaded photos and audio ?les on to a CD for Philip, Fino, and Burgio. I booked the CD 16 into evidence at PAPD. l7 18 Recommendation 19 20 Supplement only. OFFICERS NAME 11) NUMBER DATE ID NUMBER DATE J. Schmidt 6385 1/397 Released in Compliance of SB 1421 4/10/2019 REPORT TYPE SUPPLEME (CIRCLE: Assault! Peace Of?cer PALO ALTO POLICE ?5 ABER 15-7911 1 Investigation 2 3 I am presently assigned to the field services division as the watch commander. 4 At approx. 1530 hrs. on 230E015 was on-duty, in full uniform, in that capacity. 5 At that time, I heard Sgt. Philip broadcast that he was contacting one or more 6 suspected shOplifters outside of the Macy's store located at Stanford Shopping 7 Center. Shortly thereafter, I heard Sgt. Philip transmit that he needed ?code 3" 8 cover. Because of this request, and the fact that in the background I could hear 9 a subject yelling loudly, I believed that he was engaged in an active ?ght. 10 11 drove to the scene with the emergency lights and siren activated on my fully 12 marked PAPD patrol vehicle. As I arrived at the Macy's Men's store, I observed 13 plainclothes SED Of?cers Schmidt and Burgio arriving just ahead of me. I could 14 not initially see where Sgt. Philip was. 15 16 Once I exited my vehicle, I observed Sgt. Philip, and SED Of?cers Fino, Schmidt 17 and Burgio physically struggling with a very large adult male, later identi?ed as 18 suspect . They were on the edge of the parking lot located on the East 19 side of the driveway that runs in front of the Macy?s Men?s eastern entrance. At 20 that time, was on his knees but appeared to be resistin the of?cers? 21 attempts to push him to the ground. As I reached the struggleh had 22 ?nally been pushed to the ground (on his stomach); however, he continued to 23 move his legs around violently and I could feel him trying to push himself up, 24 despite the weight of several of?cers on him. I placed my body weight on his 25 legs in an effort to control him. I also repeatedly yelled at him to "stOp resisting". 26 could hear other of?cers doing the same. 27 28 I noted that the other of?cers were having trouble gaining control of his hands 29 because sus ect- 30 effort to geth was holding them firmly underneath his body. in an to take his right hand out from underneath his right hip, 31 struck him on the outside of his hip several times with closed right ?st. 32 Eventually, one of the of?cers was able to wrestle left hand from 33 underneath him and I placed a handcuff on that hand. I linked that handcuff to a 34 second pair of handcuffs due to ize). Moments later, when other 35 of?cers gained control of right hand and brought it behind his back, 36 placed a handcuff on that hand, too. 37 38 Evidence 39 40 I later reviewed the footage captured by my vehicle?s MAV. Beginning at approx. 41 the 15:37 mark, the right-side camera depicts my arrival on scene, at which time 42 Sgt. Philip and Ofc. ino are seen struggling with suspect in an upright 43 position. It appears the is pinned against the fender of a parked 44 vehicle. The same camera angle also depicts Of?cers Schmidt and Burgio 45 helping Sgt. Philip and Ofc. Fino to push suspect onto the ground, as 46 well as all ?ve of us continuing to struggle with him on the ground. The audio OFFICERS NAME ID NUMBER DATE SUPERVIS ID NUMBER DATE 5372 230E015 fM// a" -, Released in Compliance of SB 1421 4/10/2019 $233;ij ALO ALTO POLICE 15-791 1 Assault I Peace Of?cer CONTINUATION . 1 portion of the MAV captures me (and other of?cers) repeatedly shouting for 2 0 ?stop resisting? and ?stop ?ghting?. 3 4 Recommendation 5 6 Supplement to court liaison. OFFICERS lD NMEFI 5372 DATE 23DEC15 I) NUMBER DATE l1. 1, Released in Compliance of SB 1421 4/10/2019 SUPPLEM. AL PALO ALTO POLICE CIA JUMBER Assault 1 Peace Of?cer CONTINUATION 15?7911 1 Investigation 2 3 On 12-23-15 at approximately 1537 hours. 1 responded to the Stanford Shopping Center 4 on a request by Palo Alto Police Sgt. Philip for emergency aid. Sgt. Philip and other 5 police of?cers were struggling with a person in the Stanford Shopping Center parking 6 lot. I did not hear all of the details of the call prior to Sgt. Philip requesting emergency 7 assistance over the radio. I had just completed my patrol shift before the request for 8 emergency aid was broadcasted. I had powered down the patrol car computer and I had 9 logged off of the MAV system for the patrol car. The MAV system was still on and 10 downloading data from my patrol shift. I had already turned in the remote pager for the 11 MAV system. 12 13 I responded to the Macy's Men?s parking lot at the Stanford Shopping Center with 14 several other police of?cers with emergency lights and sirens. I arrived at the Stanford 15 Shopping Center by parking my patrol car on Sand Hill Rd, adjacent to Macy's Men's. 16 exited my patrol car and went to the parking lot on foot when Sgt. Becker told me that 17 they had one suspect in custody. I heard on the radio that two black adult males were 18 still outstanding and in the area of Macy's Men's. Police had surrounded the perimeter 19 of Macy's Men's once this information was broadcasted over the radio. I went back to 20 my patrol car and began to drive WIB on Sand Hill Rd to search for any ?eeing suspects 21 that might have escaped the perimeter. 22 23 I drove approximately 1,500 feet WIB on Sand Hill Rd until I came to the Sand Hill Rd 24 and Plum Ln intersection. I saw one pedestrian standing on the corner of Sand Hill 25 Rd and Plum Ln. The pedestrian was waiting to cross on the Sand Hill Rd lPlum 26 Ln intersection. The pedestrian was a young black adult male. I noticed that the young 27 black adult male was holding a cellular telephone to his ear with his right hand and he 28 was holding a device in his left hand at his waist. I looked as closely as I could at his 29 left hand when I stopped my patrol car in the Sand Hill Rd 1 Plum Ln intersection. It 30 initially appeared to me that the young black adult male was holding some type of small 31 radio in his left hand. i thought that this person was using his cellular telephone or a 32 small radio to communicate with the other outstanding suspects in the area. 33 exited my patrol car and the young black adult male crossed Plum Ln and walked towards me as introduced myself to him. I could smell an odor of an alcoholic beverage emitting from his mouth when he spoke to me. The male that I had stopped told me that he had consumed alcoholic beverages earlier today. I told him that police were investigating a shoplifting incident at Macy's Men's and two black males had ?ed the scene. I looked at his left hand and I noticed that he was holding two car key fobs that were attached to each other. The key fobs also had a plastic tag attached to them. I believed that the keys belonged to a rental vehicle because the keys had a clear plastic tag with writing on them. I know that rental car companies usually attach a. plastic tag with the rental car's information to the keys so the renter can easily locate their rented vehicle. NAME ID NUMBER DATE SUPEMVVIEW 9 NUMBER DATE Burger 4950 230E015 20/ Released in Compliance of SB 1421 4/10/2019 supptar (CIRCLE - Assault! Peace Of?cer PALO ALTO POLICE c' CONTINUATION .1 15-7911 Palo Alto Police have investigated several shoplifting cases at the Stanford Shopping Center where multiple suspects had used rental vehicles in the commission of their crimes. The suspects use the rental cars because it is difficult for law enforcement agencies to identify the suspects when they ?ee the scene in a rental vehicle. I knew from listening to the radio that police were at Macy's Men's and were currently reviewing the CCTV inside the store with Macy's Men's loss prevention agents. I broadcasted a description of the young black adult male I had stopped over the radio. I described the person that I had stopped as a black adult male with a black T-shirt. blue 10 jeans, and black shoes. I also broadcasted over the radio that the person I had stopped 11 was approximately 6-2 and 180 lbs. 13 I pointed to the Macy's Men's building which was easy for both of us to see from our 14 location and asked the person that I had stopped if he had any identi?cation. The 15 person that I had stopped gave me a California ID card and identi?ed himself as 17 was near the Polo shirt section of the store. old me that he was just inside Macy's Men?s and he ave me the car keys that he had in 18 his left hand. I looked at the key fob and it belonged to a KIA. The clear plastic tag on 19 the key chain had a California License plate number on the plastic tag. The number on . broadcasted this number over the radioused the information that- gave me to have dispatchers check him for any wants 23 or warrants. Dispatchers told me that he was currently on court probation. The Palo Alto 24 Police of?cer that was reviewing the CCTV inside Macy's Men's told me over the radio 25 that the person I had stopped matched the description of one of the suspects in this 26 incident. Of?cer Wright had arrived at my location and assisted with placing handcuffs 27 on- Officer Wright placed -n the back of his patrol car and transported him to 28 the Palo Alto Police Department. 30 Of?cer Wicht broadcasted over the radio that he had a person stopped near Create and 31 Barrel in the Stanford Shopping Center. I went to Of?cer Wicht's stop and I noticed that 32 Of?cer Wicht had removed a car key with a similar clear plastic key fob attached to 33 it. I relayed this information to the investigating of?cers. 35 Recommendation 37 Supplemental report only, fonNard to Court Liaison Of?cer. OFFICERS NAME Burger ID NUMBER 4950 DATE SUPE 150 REV 2305015 m? 11-, I ID NUMBER DATE I 3L2 I . Released in Compliance of SB 1421 4/10/2019 REPORT IYPF CLASSIFICATION Ft CHE PALO ALTO POLICE Assault Peace Of?cer CONTIXUATI ON 15-7911 1 INVESTIGATION approximately 1536 hours. I responded to the Stanford Shopping Center. 4 located at 180 El Camino Real. for another officer calling for emergency cover units. Before I 5 arrived I heard units on the scene advise. via radio. emergency assistance was no longer needed. 6 I heard Sgt. Philip broadcast there were three subjects at large and the want to detain was 7 shoplifting. The outstanding suspects were described as Black male adults who were skinny. 8 9 While I was on my way to the scene. I observed a Black male adult on the northeast comer of IO Quarry Road and Arboretum Road. The subject began walking northbound on Arboretum Road I and went out of my sight. I then observed the subject crossing Arboretum Road walking 12 westbound toward Crate and Barrel. 13 14 I contacted the subject, later identi?ed as next to Crate and Barrel at the 15 Stanford Shopping Center. When I contacted did not activate my emergency lights 16 and I did not give him any commands. I asked ifhe had any identification. 17 ?provided me with his Califomia identification card. 18 19 I conducted a records check, via radio. for Communications advised me 20 had a no bail. felony warran Communications advised 21 me the warrant matched on name. date ofbirth, and driver's license number. 22 Communications confirmed the warrant and I placed? under arrest. 23 24 I transporte! back to the police station so other officers could ask him questions 25 about the shopliftingt at occurred at Macy?s. While at the station Sgt. Becker discovered 26 ad another identitv, Sgt. Becker was able to obtain a 27 booking photo for the warran was arrested for and the photo of the suspect was 28 (The suspect I had in custody). 29 30 denied havin 1 another identity and insisted his name was? I 31 trans orted and bookedh into Santa Clara County Main Jail for his warrant- 32 33 34 Recommendation 35 36 Supplement only. NAME 11) \l [Mn PHI hull ID .NLMBIER z. Wicht 7305 23 DEC 15 1} $1110] am Released in Compliance of SB 1421 4/10/2019 REPORT TYPE SUPPLEJAENTAI. PALO ALTO POLIC CASE Assault Police Of?cer 15-79] I CONTINUATION oowuomnwm? INVESTIGATION On December 23, 2015, I responded to the Stanford Shopping Center to assist of?cers who broadeasted a call for aid. I arrived and located the of?cers on the ground near Macy?s Mens store. I ran over and saw that the officers and the su5pect were all in a pile. The suspect was already handcuffed and there was no forced being used. I told the of?cers that they could stand up and asked if they were ok. I helped the suspect to his feet and placed him in Officer Monroe?s patrol car. A short time later, I responded to the police station to assist with two detained involved parties. I was told by Sgt. Becker to released?Who was in one of the holding cells 12 per 849(b) PC. I ?lled out the Palo Alto Release/Detention form and released ith the 13 pink copy ofthe form, his cell phone, and CA ID card-told me he had no additional 14 property. 15 16 MIA. brought a set of rental car keys into A18 and left them on the table. Both of 17 the detainees said the keys did not belong to them so they were booked into evidence for 18 safekeeping. 19 20 Evidence 21 22 A set ofrental car keys belonging to a KIA 23 24 Recommendation 25 26 Supplement Only. OFFICERS NAME ID NUMBER DATE SITERVISOR REVIEW IDNUMBER DATE C.Moore 6199 24 Dec 15 gig; 39 AK: Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department ?m 3:232:15 Item Submission Form - Case 15-7911 Category:: Audio Video Equip Item ID: 1 Description: rental car keys' Baa-code to: 12009-1 Date Received: 12/23/2015 Lo lo: Item currently in Temporary Location: Palo Alto Police Department -: Temporary Evudence Locker Submitted By: DAJE: Received By: DATE: Released in Compliance of SB 1421 4/10/2019 PALO ALTO POLICE DEPARTMENT 7 f/ 35W cam cases/5' 35.7 As ofPenal CodeSection 851.6, [hereby certify that the takingintocustodyof _on 0/231); (Subied's Name) (Date) detention only, not an arrest was released on the Palo Alto Police Department. ate) (Subject?s Name) Pertinent portions ofPenal Code Sections 849, 849. 5. and 851.6 are included below: Officer's Signature: Tille& IDNumber: 7 PENAL ON 849 8 IN T: When an arrest is made without a warrant by a peace of?cer or private person, the person arrested, ifnot otherwise released, shall, without unnecessary delay. be taken before the nearest or most accessible magistrate in the cormty in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before such magistrate. Any peace o??icer may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever: (1) He or she is satis?ed that there are insu?icient grounds for making a criminal complaint against the person arrested. (2) The person was arrested for intoxication only, and no further proceedings are desirable. (3) The person was arrested only for being under the in?uence of a controlled substance or drug, and such person is delivered to a facility or hospital for treatment and no further proceedings are desirable. Any record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision shall include a record of release. Thereafter, such arrest shall not be deemed an arrest, but a detention only. PENAL COQE SEQHON 849,5 In any case in which a person is arrested and released and no accusatory pleading is ?led charging him with an o?'ense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest. but a detention only. A TION 1 SINPART: In any case in which a person is arrested and released pursuant to paragraph (1) or (3) of subdivision of section 849, the person shall be ismed a certi?cate, signed by the releasing either or his superior of?cer, dwcn'bing the action as a detention. In any case in which a person is arrested and released and no accusatory pleading is ?led charging him with an o??ense the person shall be issued a certi?eete by the law enforcement agency which arrested him describing the action as a detention. Revised 0285 Released in Comptiance of SB 1421 4/10/2019 F: 3. Em SHE . i Eur-U. 2' . ETC 37:2. -: . - Released in Compliance of SB 1421 4/10/2019 i ARRESTH-IL. 5:415. ?lm: . i I .l mg.- aiz'r'a Released in Compliance of SB 1421 4/10/2019 r1: PHUUABLE CAUSI: ANU BAIL IINU A THE AFFIANT. A PEACE OFFICER FC HE STATE OF a? :79 PA STATES THAT: ON (DATE) ll 23 /3 (ARREST TIME) (BOOKING TIME) WAS BOOKED ATJHWA CLARA COUNTY JAIL ON THE FOLLOWING CHARGES: ON-VIEW ON-VIEW REF. FELONY MISD. SCHEDULED 1 (mi CHE CHARGES) f9: 00?3 (DO NOT ADD IN BAIL FOFI OFFENSES THAT ARE THE SAME COURSE OF ACTION) i BAIL SET BY COURT BAIL SCHEDULE TOTAL: 5% BAIL SET BY MAGISTRATE TOTAL: 3 Judge AUTHORIZED SIGNATURE: DIRECTIONS FOR COMPLETION What facts led you to believe that the defendant committed the above felony/misdemeanor offense(s)? State reasons for initia contact/car stop. Describe actions of the defendant, addressing the elements of the offense(s), Including 0 intoxication injuries and how ln?icted. It you relied on third party information. describe incident and state who car establish the facts: REASONS FOR ?ll/{g (?y/19672? Spa/a22- @AJL/M/?r/qmw a 5/537 mm 7/5 5&5 7W 57Wa? Zia/re 511/2)? Pr (rag, amaze?: ?nalize gram: 4? 772? 65/591527? 9m? Mm as: 2495,44! 727 yew/M aw I . If fin/Jim. 191/? I [Wart/11 . A, ,0 1/114 ?Inf/u [mi 11/! We 67 (I a" ?EcF/vac 292/ 7a 5 .2. 5225 7D ?x?p?m V/w gar/scams?- Tu: 5 m: ramps more HM To a: (MLCO 9: Mar ??(vahcr?izv?a (amp Va, amino/h? are mM/rlj?illie 463'. VI5 use (Ha/(Er) We 5.3.4 EACH APPLICABLE SECTION BELOW MUST BE COMPLETED: FDIL 1) Was the suspect armed? (Ye . Describe weapon' 2) Did the suspect resist arrest? o) Combative to officer(s)? es/ Ole) ?oemnmw 3) Assault victim info: Age t_Wi Sex ??elationship to suspect I: - 4) Injuries sustained by victim: None Minor_w Moderat 5) Type of theft: Person?_ Residence Commercial Other ascribe) 6) Property taken and approximate value: 7) Property recovered: Partial Recovery 8) Controlled substances involved: (Type) mu. Presumptive test results (Required Information) 5 Value Quantity_ 9) Threats to victim(s) or witness(es): including information leading you tO believe that the defendant may injure the ness(es) (threats. prior violence. etc.) or may flee prior to a court appearance: I declare of perjury, that the foregoi. is true and correct. wf/ . 5m Signature of A?f?antlBadge Number name Date Released in Compliance of SB 1421 4/10/2019 Declaration of Person Quali?ed to Perform enipuncture . nun?c rm. qualaf?zcd tom'suam i: California Buamm art-i professionai Lode seam? 1-5m 1.7 c: . I Imam?: Code of Regulations. and r' or the California Vehlcie Code: SCCIIOE 23.53 . I. 11;: ar? quali?er? when {II-mkc-d a: a (check all that apnivjr I Izri?nm: ?311$:erch iiuica?. Lamrawry Ric-rial Licensed Clinical Labm'azuxj: Temnoiegisz chi?icrcd "Ears: - Vncamrsai Maxie- rnth-11:1: I hIsnImmv - om? P?r?nn TI i?lIt I "1009 Lira-5: usn?a? 7m: Lime (3105:; ?uu: I cicanscr: are: :Ih the mneiconoizc disinfectant and me .erestuI-I Icer witnessed my use non-aicoheinc cisiz. fccrana wizh Cw hove-name reed-3n: {midst arc mu}; 13.2113" as 1319(3de withGI Ur: 'rIuT-uu fit-H? wcnouggn 3:11: vaI. .um: .rrII rum ea ?3 $1.4m .9131??eran LuillII'a?I?T: ln.? In new? {exgmi?g-I ?lial-1163' i dynamics the uecals. nela?e: an; aIsIrIt'cctama and .nvened the via: '5 EU 2 ?u 7' ..21 )fl? t-?n - r! h-na- - 4711.4 'ima?s the hum-i frag-II ?jg-ztjruini?n'?. 1m 7m: mm: o: the ceimvsam. rm: 1? I: walpiaie 1:51I'Ilb I .-. no" 33.373351? JUL-J 1. vials he emcismr i. Ciarai me I _ahol'e':I:. ?t am 11-33'1' . Thu Iampiem v.1: Ire-:9 ?fth-3!: dim: InedIcaii; warmed 17411713 y. m: 9. H171 . 7:115[Jemr?m L135 Released in Compliance of SB 1421 4/10/2019 County of Santa Clara Physiological Specimen Request Crime ?oratory {Press hard and print cteany) Ot?oo ot the District Attorney 250 West Hedding Street San Jose, 95110 (408) 8086900 Subjects Name Requested By Badge 63 gr Agency PAM :2 7y/f Technologist Taking Sample Charges 7P0 395/7?; 7 You are requested to obtain a specimen of blood, urine or breath from the above named sublect tor the purpoWl?E?a s. 242%? (5?f?cer's Signature) il-w?i/ 0051 Type oi Specimen Date of Sample 3 Time oi Sample 4- Urine Technologist?s Case '13? 3 Breath Vacmainer Lot if g0 ?f Timing ?me Expiration Date: (L0 if}; '0 Observations Eyes Speech Odors Attitude Coordination and Balance I 7 General Comments $15}?qu hive-1' Heme/LA (k6 Her/y it near REV aria Technoiogist's Signature (m Distribution: White - Potio- Agoncy Yellow - Technologist Pink - Crime Lab Released in Compliance of SB 1421 4111012019 Pale Nto Police Department Item Submission Report Gaul: 15-7911 Total NumbarofCaset1 thm: Pond CodeiMlsc Total Numbet of Items: 1 1212312015. 180 el camino red 94301 a; v. m" cu mm emu?? m1 WIS I 13:10 All Released in Compliance of SB 1421 411012019 Item Submission Rupert Total Number of Case 1 Total Number 0! items: 6 Palo Alto Police Department Can 0: 15-7911 O?onu: Penal CodeiMlsc 122312015. 180 can-inc real 94301 unmsnuum In Compiiance of SB 1421 4/10/2019 \Jrhn I ?n\4.u l?vl guru- . - . -. ln?m- . . .3 ..-. .H Page 2 ?f5 Released in Compliance of SB 1421 4/10/2019 5 a; REA. .1 .L. . .. Thur. .u C_.m v. I a v: a Eyeleased in Compliance of SB 14 ?fv Released in Compliance of SB 1421 4/10/2019 I Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Mobile Audio Video 446.1 PURPOSE AND SCOPE The Palo Alto Police Department has equipped marked patrol cars with Mobile Audio Video (MAV) recording systems to provide records of events and assist of?cers in the performance of their duties. This policy provides guidance on the use of these systems. 446.1.1 DEFINITIONS De?nitions related to this policy include: Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode. ln-car camera system and Mobile Audio Video (MAV) system - Synonymous terms which refer to any system that captures audio and video signals. that is capable of installation in a vehicle, and that includes at minimum, a camera. microphone. recorder and monitor. MAV technician - Personnel certi?ed or trained in the operational use and repair of MAVs. duplicating methods. storage and retrieval methods and procedures. and who have a working knowledge of video forensics and evidentiary procedures. Recorded media Audio-video signals recorded or digitally stored on a storage device or portable media. 446.2 POLICY It is the policy of the Palo Alto Police Department to use mobile audio and video technology to more effectively fulfill the department's mission and to ensure these systems are used securely and efficiently. 446.3 OFFICER RESPONSIBILITIES The use of the MAV system is mandatory as outlined in this policy. Each of?cer shall sign onto the system by selecting their name from the drop down menu on the MAV system. Prior to going into service. each officer will ensure that the equipment is functioning properly. Required procedures include checking the power source. checking connections to the recording equipment AND checking that the system is recording both audio and visual information (including a remote activation test). Any malfunction of the MAV shall be reported immediately to a supervisor. If a vehicle is kept in service without an operational MAV. a notation shall be made to Dispatch via radio transmission. The supervisor will ensure that Technical Services Staff is noti?ed of any system malfunction that requires repair or maintenance. Mobile Audio Video - 349 Adoption Date. 2014/10l02 fL?t mason? Lexiool. LLC Released in Compliance of SB 1421' 4/10/2019 Palo Alto Police Department Policy Manual Mobile Audio Video The of?cer may view MAV recordings in the ?eld during their shift. (9) There may be some situations where the of?cer desires to have a particular recording ?agged with a case number. but that recording is of something other than one of the scenarios listed in Policy Manual ?446.61. In that case. the of?cer shall notify the authorized Department personnel to mark video recording for retention. and authorized Department personnel will mark the recording to be held. MAV recordings containing arrests. assaults. physical or verbal confrontations. vehicle pursuits. vehicle searches in which contraband is recovered. driving while intoxicated or under the influence arrests. or any prisoner transport shall be treated as evidence and held for use in criminal prosecution. Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. Only a MAV custodian or designee may erase and reissue previously media. 446.3.1 BODY WORN CAMERAS When assigned for use, body worn cameras shall be used in accordance with all aspects of the Department's MAV policy. The video and audio captured by these devices will be retained in a similar manner and for the same amount of time as video and audio ?les captured under the in- car MAV system. 446.4 ACTIVATION OF THE MAV (3) Activation of the MAV is automatice when: - The patrol vehicle's emergency lights (position #2 or siren. or PA (public address system) are activated. - The rear door of a K9 vehicle is opened. - The rear door of a patrol vehicle is opened. - The crash indicator is activated. - The patrol vehicle attains a speed of 80 MPH. The system remains on until turned off manually while the ignition is on. Turning off the ignition will initiate the system's shutdown 30 minute timer which will have to be bypassed if a longer recording is desired with the ignition off. (0) The of?cer worn microphone automatically turns on when the system is activated, recording both audio and video. The microphone will be worn at or above the waist on the outer layer of the uniform (ie. duty belt or epaulet). The MAV system has pre-event recording capability and will record events prior to manual or automatice activation of the MAV into a memory buffer. 30 seconds of video only pre-event recording is saved upon activation of the system. Additional "after the fact" video only is recorded onto the system's hard drive. It is available for retrieval until overwritten. Mobile Audio Video - 350 Adoption Date: 2014/10l02 1m9n14luimi I Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Mobile Audio Video The in-car microphone is automatically activated when a- recording is activated. 446.4.1 REQUIRED ACTIVATION 0F MAV This policy is not intended to describe every possible situation in which the MAV system may be used. although there are many situations where its use is appropriate. An officer may activate the system any time the officer believes it would be appropriate or valuable to document an incident. In some circumstances it is not possible to capture images of the incident due to conditions or the location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The MAV system should be activated in any of the following situations: All ?eld contacts involving actual or potential criminal conduct within video or audio range: 1. Traffic stops (to include, but not limited to. traf?c violations. stranded motorist assistance and all crime interdiction stops) Code 3 reSponses Vehicle pursuits Suspicious vehicles Arrests Vehicle searches Physical or verbal confrontations or use of force Pedestrian checks investigations including ?eld sobriety tests .41 Consensual encounters 11. Crimes in progress 12. Responding to an in-progress call All self-initiated activity in which an officer would normally notify the Communications Center Surveillance for law enforcement purposes during the course of an ongoing or potential investigation. Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Any other circumstance where the officer believes that a recording of an incident would be appropriate 446.4.2 OF RECORDING Once activated, the MAV system should remain on until the the officer's involvement in the incident has concluded. For purposes of this section. conclusion of an incident has occurred when all Mobile Audio Video - 351 Adoption Date: 2014110102 in 1995-9014 Lexiool. LLC Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Mobile Audio Video arrests have been made. arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an of?cer is simply waiting for a tow truck or a family member to arrive. or in other similar situations. 446.4.3 WHEN ACTIVATION IS NOT REQUIRED Activation of the MAV system is not required when exchanging information with other of?cers or during breaks. lunch periods. when not in service or actively on patrol. No member of this department may surreptitiously record a conversation of any other member of this department except with a court order or when lawfully authorized by the Chief of Police or the authorized designee for the purpose of conducting a criminal or administrative investigation. 446.4.4 SUPERVISOR RESPONSIBILITIES Supervisors should determine if vehicles with non-functioning MAV systems should be placed into service. If these vehicles are placed into service. the appropriate documentation should be made. including noti?cation of the Communications Center and MAV technician At reasonable intervals. supervisors should validate that: (8) Beginning and end-of?shift recording procedures are followed. Videos are marked as required. The operation of MAV systems by new employees is assessed and reviewed no less than biweekly. When an incident arises that requires the immediate retrieval of the recorded media serious crime scenes. of?cer-involved shootings. department-involved collisions). a supervisor shall respond to the scene and ensure that the appropriate supervisor. MAV technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. Supervisors may activate the MAV system remotely to monitor a developing situation. such as a chase, riot or an event that may threaten public safety. of?cer safety or both. when the purpose is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the MAV system for the purpose of monitoring the conversations or actions of an of?cer. Any time remote viewing is activated, a visual indicator will appear on the in-car video screen and the supervisor who initiated the activation will direct dispatch to notify all units that remote viewing is in progress. 446.5 REVIEW OF MAV RECORDINGS All recording media. recorded images and audio recordings are the property of the Department. Dissemination outside of the agency is strictly prohibited. except to the extent permitted or required by law. Mobile Audio Video - 352 Adoption Date: 2014(10102 ti!) 1995-2014 Lexiool. LLC Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department? Policy Manual Mobile Audio Video To prevent damage to. or alteration of. the original recorded media, it shall not be copied. viewed or otherwise inserted into any device not approved by the department MAV technician or forensic media staff. A copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media. The original media is stored and maintained on the Department's server. Recordings may be reviewed in any of the following situations: By the of?cer themselves for preparation of written reports or follow-up investigations. By a supervisor or manager investigating a speci?c act of of?cer conduct or to mitigate a potential citizen complaint (C) By a supervisor for purposes of improving of?cer performance By a Department employee after approval of a supervisor who is participating in an of?cial investigation, such as a personnel complaint. administrative inquiry or a criminal investigation By department personnel who request to review their own recordings in preparation for court testimony By an of?cer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment (9) By authorized personnel District Attorney, supervisor. manger) during discovery/court process. Recordings must be accessed through the proper process (Penal Code 1054.5 - discovery or court order) Recordings may be shown for training purposes. If an involved of?cer objects to showing a recording. his/her objection will be submitted to the Chief of Police to determine if the training value outweighs the officer's objection for not showing the recording. Recordings shown for training purposes will be presented in a fair and unbiased manner. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee. A first time infraction discovered during routine review of recorded material that is deemed minor in nature by Management. will generally be handled through training and counseling. The MAV system as con?gured with ?ve cameras and high quality audio has the capability to capture a signi?cant amount of video and audio when in operation. An individual of?cer's experience may not include everything captured by the system. Mobile Audio Video - 353 Adoption Date: 2014(10i02 1995-2014 Lexical. LLC Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Mobile Audio Video 446.6 DOCUMENTING MAV USE If any incident is recorded with either the video or audio system, the existence of that recording shall be documented in the of?cer's report. If a citation is issued. the of?cer shall make a notation on the back of the of?cer's copy of the citation, indicating that the incident was recorded. In the event of accidental recording. the of?cer shall submit a request to the MAV custodian for the deletion of the accidentally recorded data. 446.7 RECORDING MEDIA STORAGE AND INTEGRITY All MAV recordings will be retained in accordance with the established records retention schedule. (Government Code 34090.6). 446.7.1 COPIES OF ORIGINAL RECORDING MEDIA A copy of the original recording media will be made for use as authorized in this policy. 446.7.2 MAV RECORDINGS AS EVIDENCE Of?cers who reasonably believe that a MAV recording IS likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the Palo Alto Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved. 446.8 SYSTEM OPERATIONAL STANDARDS MAV system vehicle installations should be based on of?cer safety requirements and the vehicle and device manufacturer's recommendations. The MAV system shall be con?gured to minimally record for 30 seconds prior to an event. (0) The MAV system shall not be con?gured to record audio data occurring prior to activation. Of?cers shall not erase. alter, reuse. modify or tamper with MAV recordings. Only a supervisor, MAV technician or other authorized designee may erase and reissue previous recordings and may only do so pursuant to the provisions of this policy. 446.9 MAV CUSTODIAN RESPONSIBILITIES The Technical Services Division (TSD) has overall responsibility for the MAV system and shall serve as custodian of these records. All Police MAV recordings. excepting test recordings or accidental activations, shall be retained in accordance with California Government Code (CGC) ?34090 and CGC ?34090.6 for a period of not less than one year. Mobile Audio Video - 354 Adoption Date: 2014i10l02 1995-2014 Lexiool. LLC Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Mobile Audio Video (C) (9) U) Release of MAV recordings shall be conducted in accordance with Penal Code 51054.5 (discovery requests for criminal prosecution). CGC ?6250 (California Public Records Act) and in accordance with Policy Manual ?810 (Release of Records and Information). All retrieved MAV recordings will be uploaded into the MAV server within the same day as the recording unless hindered by equipment or network malfunction or availability. Routine and evidentiary MAV recordings on the server are backed up daily on a redundant server so that recordings are accessible online by of?cers for a period of not less than 365 days from the date of recording. All routine requests by authorized department personnel for online access to MAV recordings for court preparation or other of?cial business, outside of the normal online access period will be handled within 2-3 business days of the request. If an emergency need to access these recordings is required. the Technical Services Division On Call Technician can be contacted for immediate restoration and access. The MAV custodian or their designee shall be responsible for the retrieval. storage. backup and duplication of all MAV recordings in addition to the ongoing maintenance of the sytems and association components. All MAV recordings will be retained in accordance with the established records retention schedule (Governement Code 34090.6) MAV recordings will be stored on a separate and secure server. 446.10 TRAINING All members who are authorized to use the MAV system shall successfully complete an approved course of instruction prior to its use. Mobile Audio Video - 355 Adoption Date: 2014(10102 to 1995-7014 Lexiool. LLC Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation. every member of this department is expected to use these guidelines to make such decisions in a professional. impartial and reasonable manner. 300.1.1 DEFINITIONS De?nitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics. chemical agents or weapons to another personforce when a person allows him/herself to be searched. escorted. handcuffed or restrained. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern. both to the public and to the law enforcement community. Of?cers are involved on a daily basis in numerous and varied interactions and. when warranted. may use reasonable force in carrying out their duties. Of?cers must have an understanding of. and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring. evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any of?cer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An of?cer who observes another employee use force that exceeds the degree of force permitted by law should report these observations to a supervisor. 300.3 USE-OF FORCE Of?cers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the of?cer at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable of?cer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that of?cers are often forced to make split-second decisions about the amount of force that reasonably Use of Force 52 Adoption Date: 2014110102 (9 4M: aan-nnl ll!" Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Use of Force appears necessary in a particular situation. with limited information and in circumstances that are tense. uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an of?cer might encounter. officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. it is also recognized that circumstances may arise in which of?cers reasonably believe that it would be impractical or ineffective to use any of the tools. weapons or methods provided by the Department. Of?cers may ?nd it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances. the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an of?cer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace of?cer may use reasonable force to effect an arrest. to prevent escape or to overcome resistance. A peace of?cer who makes or attempts to make an arrest need not retreat or desist from hislher efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an of?cer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest. prevent escape or to overcome resistance (Penal Code 835). 3003.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an of?cer has used reasonable force. a number of factors should be taken into consideration, as time and circumstances permit. These factors include. but are not limited to: Immediacy and severity of the threat to of?cers or others. The conduct of the individual being confronted. as reasonably perceived by the of?cer at the time. Of?cer/subject factors (age. size, relative strength, skill level. injuries sustained. level of exhaustion or fatigue, the number of of?cers available vs. subjects). The effects of drugs or alcohol. Subject's mental state or capacity. Proximity of weapons or dangerous improvised devices. (9) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. The availability of other options and their possible effectiveness. Use of Force - 53 Adoption Date: 2014110l02 5? 4M: 'I?itl I nulnnl f? Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Use of Force Seriousness of the suspected offense or reason for contact with the individual. Training and experience of the of?cer. Potential for injury to of?cers. suspects and others. (I) Whether the person appears to be resisting, attempting to evade arrest by ?ight or is attacking the of?cer. The risk and reasonably foreseeable consequences of escape. The apparent need for immediate control of the subject or a prompt resolution of the situation. (0) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the of?cer or others. Prior contacts with the subject or awareness of any propensity for violence. Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Of?cers may only apply those pain compliance techniques for which they have Successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: The degree to which the application of the technique may be controlled given the level of resistance. Whether the person can comply with the direction or orders of the of?cer. (0) Whether the person has been given suf?cient opportunity to comply. The application of any pain compliance technique shall be discontinued once the of?cer determines that compliance has been achieved. 300.3.4 CAROTID CONTROL HOLD The proper application of the carotid control hold may be effective in restraining a violent or combative individual. However. due to the potential for injury. the use of the carotid control hold is subject to the following: The of?cer shall have successfully completed department-approved training in the use and application of the carotid control hold. The carotid control hold may only be used when circumstances perceived by the of?cer at the time indicate that such application reasonably appears necessary to control a person in any of the following circumstances: 1. The subject is violent or physically resisting. 2. The subject, by words or actions. has demonstrated an intention to be violent and reasonably appears to have the potential to harm of?cers, him/herself or others. Use of Force - 54 Adoption Data: 2014I1OI02 100l-L9n1? I aviMI I I Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Use of Force (C) The application of a carotid control hold on the following individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective, or would present a greater danger to the of?cer. the subject or others. and the of?cer reasonably believes that the need to control the individual outweighs the risk of applying a carotid control hold: 1. Females who are known to be pregnant 2. Elderly individuals 3. Obvious juveniles Any individual who has had the carotid control hold applied. regardless of whether he! she was rendered unconscious. shall be examined by paramedics or other quali?ed medical personnel and should be monitored until examined by paramedics or other appropriate medical personnel. The of?cer shall inform any person receiving custody. or any person placed in a position of providing care. that the individual has been subjected to the carotid control hold and whether the subject lost consciousness as a result. Any of?cer attempting or applying the carotid control hold shall notify a supervisor of the use or attempted use of such hold. The use or attempted use of the carotid c0ntrol hold shall be thoroughly documented by the of?cer in any related reports. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justi?ed in the following circumstances: An of?cer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. An of?cer may use deadly force to stop a ?eeing subject when the of?cer has probable cause to believe that the person has committed. or intends to commit. a felony involving the infliction or threatened in?iction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances. a verbal warning should precede the use of deadly force. where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example. an imminent danger may exist if an of?cer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the of?cer or another. 2. The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. Use of Force 55 Adoption Date: 2014l10102 1OORJXHA I ovimi I I Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Use of Force 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots ?red at or from a moving vehicle are rarely effective. Of?cers should move out of the path of an approaching vehicle instead of discharging their ?rearm at the vehicle or any of its occupants. An of?cer should only discharge a ?rearm at a moving vehicle or its occupants when the of?cer reasonably believes there are no other reasonable means available to avert the threat of the vehicle. or if deadly force other than the vehicle is directed at the of?cer or others. Of?cers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented completely and accurately in an appropriate report, depending on the nature of the incident. The report shall minimally include the type of force used. the reason for the force. the description of any injuries and a description of any medical treatment rendered. Additionally. a thorough explanation of the factors considered by the of?cer shall be included in the of?cer's police report. The of?cer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation. analysis and related purposes. the Department may require the completion of additional report forms. as speci?ed in department policy. procedure or law. 300.5.1 NOTIFICATION T0 SUPERVISORS Supervisory noti?cation shall be made as soon as practicable following the application of force in any of the following circumstances: The application caused a visible injury. The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. The individual subjected to the force complained of injury or continuing pain. The individual indicates intent to pursue litigation. Any application of a CED or control device. Any application of a restraint device other than handcuffs. shackles or belly chains. (9) The individual subjected to the force was rendered unconscious. An individual was struck or kicked. An individual alleges any of the above has occurred. 300.5.2 INCIDENTS REQUIRING A REPORT Use of force incidents that meet any one of the below listed criteria will be investigated and documented. An of?cer strikes a blow using any physical strength or object to a subject; Use of Force - 56 Adoption Date: 2014110102 lei 1005.9n141 swim! lit?. Released in Compliance of SB 1421 4110/2019 Palo Alto Police Department Policy Manual Use of Force (C) (8) (9) (J) An of?cer uses force which causes any visible or apparent physical injury, or which results in the subject claiming he or she was injured; An of?cer strikes a blow using any physical strength or object to a subject that causes any visible physical injury or which the subject complains of pain; An of?cer uses physical control on a subject beyond a physical compliance hold that causes any visible physical injury or which the subject complains of pain; An of?cer uses O.C./baton/ASP on any subject; An of?cer delivers 3 Less Lethal Kinetic Energy projectile at a person; A "Taser' application by an of?cer; Any bite or injury resulting from the use of a police service dog: Any other incident for which the su pervisor/Watch Commander deems a "use of force? report is necessary. The use or attempted use of the carotid restraint shall be thoroughly documented in a use of force report. Any use of force where the suspect becomes unconscious. 300.5.3 REPORT ON USE OF FORCE The on-duty supervisor will investigate the use of force and complete the ?Supervisor's Report on Use of Force? form. All relevant documents will be attached. The Supervisor?s "Use of Force report narrative should be documented in a memorandum format and contain the following headings/information: (C) (9) Synopsis - A brief narrative of the incident: Suspect Information/Statements - if the supervisor was able to obtain a statement from involved suspect, the statement should be provided. Injures - Describe in detail any injuries suffered by the suspect. of?cers or any other involved subject(s). Property Damage - Any property damage that occurred. Involved Officer(s) and Roles - Describe actions taken by involved of?cers. Investigation- investigative steps taken. Attachments - Any pertinent documents and attachments. Opinions and Conclusions - A summary of the incident. The report will be submitted prior to the end of the shift. The investigating supervisor must obtain approval from the Watch Commander if the report cannot be completed in time. The report will be routed through the chain of command for approval. The Division Captain. Assistant Police Chief and the Police Chief will conduct a ?nal review. Use of Force - 57 Adoption Date: 2014110/02 1995-2014 Lexiool. LLC Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Use of Force 300.6 MEDICAL CONSIDERATION Prior to booking or release. medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain. or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until helshe can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries. medical assistance may consist of examination by ?re personnel. paramedics. hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable. should be witnessed by another of?cer and/or medical personnel. If a recording is made of the contact or an interview with the individual. any refusal should be included in the recording, if possible. The on-scene supervisor, or if not available. the primary handling of?cer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the of?cer reasonably believes would be potential safety or medical risks to the subject prolonged struggle. extreme agitation, impaired respiration). Persons who exhibit extreme agitation. violent irrational behavior accompanied by profuse sweating. extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called #excited deiirium#), or who require a protracted physical encounter with multiple of?cers to be brought under control. may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Of?cers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force. the supervisor is expected to: Obtain the basic facts from the involved of?cers. Absent an allegation of misconduct or excessive force. this will be considered a routine contact in the normal course of duties. Ensure that any injured parties are examined and treated. When possible. separately obtain a recorded interview with the subject upon whom force was applied. lfthis interview is conducted without the person having voluntarily waived his/ her Miranda rights, the following shall apply; The content of the interview should not be summarized or included in any related criminal charges. 2. The fact that a recorded interview was conducted should be documented in a property or other report. Use of Force - 58 Adoption Date: 2014i10/02 (at 1QQR-9f'l1dlnviml Ilf?. Released in Compliance of SB 1421 4/10/2019 Palo Alto Police Department Policy Manual Use of Force 3. The recording of the interview should be marked for retention until all potential for civil litigation has expired. Once any initial medical assessment has been completed or ?rst aid has been rendered. ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. Identify any witnesses not already included in related reports. Review and approve all related reports. (9) Determine if there is any indication that the subject may pursue civil litigation. 1. If there is an indication of potential civil litigation. the supervisor should complete and route a noti?cation of a potential claim through the appropriate channels. Evaluate the circumstances surrounding the incident and initiate an administrative investigation it there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force. the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 WATCH COMMANDER RESPONSIBILITY The Watch Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. 300.8 USE OF FORCE AFFAIRS INVESTIGATIONS At any time after a use of force incident the supervisor has reason to believe the involved of?cer could be facing disciplinary action. the supervisor should immediately notify the Watch Commander. The Watch Commander will consult with the Division Captain and the Personnel and Training Lieutenant. If the decision is made to conduct an Internal Affairs investigation. the initial supervisor should not conduct any further investigation unless directed otherwise. The initial supervisor will complete as much of the "Supervisor's Report on Use of Force? Form as possible. The supervisor will then check the box on the report form indicating Administrative Investigation and forward the report form to the designated Internal Affairs Investigator. 300.9 TRAINING Of?cers will receive periodic training on this policy and demonstrate their knowledge and understanding. Use at Force 59 Adoption Date: 2014/10/02 1995-2014 Lexical. LLC