Alameda Sheriff's Office Use Of Force Report Incident Entered By: Deputy Sheriff II Jeffery Edwards Assigned Investigator: [Incident pending assignment] Incident Details Date Received Date of Occurrence Time of Occurrence 12/3/2016 11/25/2016 23:22 Record ID # ACSO Rpt# IA Case# 10319 16-020743 Date/Time Entered 12/3/2016 17:21 Incident Summary *Vievu available: Yes *Deputy using force: Deputy Edwards- Primary *Total deputies using force: 1 *Report #16-020743 On 112516, about 2315 hours, deputies were involved in a vehicle pursuit. The pursuit ended, when the suspect crashed into vehicles. Upon arrival, the primary deputy advised the suspect had committed felony evading. Canine announcements were given, but the suspect continued to not comply. Canine Grizzly was deployed and apprehended the suspect. No staff injuries were sustained. Suspect was transported to Eden Medical Center and treated for his injuries, later transported to SRJ. Incident Location • 24254 Santa Clara Street, Hayward, CA 94544 - Location of Occurrence: Alameda County Use of Force Specific Information Reason for Use of Force Service Being Rendered Resisting Arrest Vehicle pursuit Weather Condition Lighting Condition Distance to Citizen Clear vehicle spotlights > 25 feet Citizen Injured Citizen Taken to Hospital Citizen Arrested Yes Yes Yes More than 1 Citizen Involved No Citizen's Build Citizen's Height Medium 5'4'' to 5'6'' Employee Assessment of Citizen Condition During Incident Unknown Drugs Employee(s) Injured Employee(s) Taken to Hospital No No Reporting/Involved Citizen Information DOB: Race: Hispanic/Lat Ethnicity: Gender: Male Address • Phone • Role • Types of Resistance Citizen Used Against Employee(s) • Unresponsive officer cmd • Verbal Challenge Injuries sustained by this citizen Injury Regions Injury Locations canine bites 1, 12, 5, J 1, 2, 3, 4, 5 contusion 1 6 abrasion 7 7, 8 Charges against this Citizen • 10851 CVC Theft Automobile • 23152 CVC DUI Alcohol/Drugs • 148 PC Resisting Arrest • 2800.2(a) CVC - Evading a Pursuing Peace Officer • 1203.2 PC Probation Violation Involved Employees Deputy Sheriff II Jeffery Edwards - ACSO\CORPUS: Assignment at time of incident: Title: Deputy Sheriff II LES/Eden Township Substation/C-Team/Mids Video Footage: [No Response] Role • Force used by this employee against the citizen • K9 - Was force effective: Yes Force Used K9 Effective? Yes Regions 1, 12, 5, 7, I Points of contact 1, 2, 3, 4, 5, 6 Injuries sustained by this officer Injury Regions No injuries noted or visible Employee Witnesses Deputy Sheriff II Michael Ella - ACSO\CORPUS: Video Footage: [No Response] Injury Locations Role • Deputy Sheriff II Alberto-Andres Holmes - ACSO\CORPUS: Video Footage: [No Response] Role • Deputy Sheriff II Melissa McNeil - ACSO\CORPUS: Video Footage: [No Response] Role • Deputy Sheriff II Daniel Murphy - ACSO\CORPUS: Video Footage: [No Response] Role • Deputy Sheriff II Kernan Ng - ACSO\CORPUS: Video Footage: [No Response] Role • Deputy Sheriff II Thomas Sterling - ACSO\CORPUS: Video Footage: [No Response] Role • Tasks No tasks to show Running Sheet Entries No running sheet entries to show Attachments No attachments Assignment History Sent Dt From 12/20/2016 Secretary II Sylvia Thompson Assignment notes Released back to IAPro Email sent to receiver No email sent Chain of Command History Routing #1 Sent From: Deputy Sheriff II Jeffery Edwards To (None Specified) Sent To: Sergeant Robert Young CC: (none) Sent Date/Time: 12/3/2016 6:13 PM Instructions from Deputy Sheriff II Jeffery Edwards to Sergeant Robert Young: let me know if you want changes Comments/Response from Sergeant Robert Young: Comments: per conversation and corrections Routing #2 Sent From: Sergeant Robert Young Sent To: Deputy Sheriff II Jeffery Edwards CC: (none) Sent Date/Time: 12/3/2016 6:37 PM Instructions from Sergeant Robert Young to Deputy Sheriff II Jeffery Edwards: corrections needed Comments/Response from Deputy Sheriff II Jeffery Edwards: Comments: Let me know about other changes Routing #3 Sent From: Deputy Sheriff II Jeffery Edwards Sent To: Sergeant Robert Young CC: (none) Sent Date/Time: 12/3/2016 6:55 PM Instructions from Deputy Sheriff II Jeffery Edwards to Sergeant Robert Young: for review Comments/Response from Sergeant Robert Young: Comments: Cap name of street Routing #4 Sent From: Sergeant Robert Young Sent To: Deputy Sheriff II Jeffery Edwards CC: (none) Sent Date/Time: 12/3/2016 7:00 PM Instructions from Sergeant Robert Young to Deputy Sheriff II Jeffery Edwards: see corrections Comments/Response from Deputy Sheriff II Jeffery Edwards: Comments: changes made Routing #5 Sent From: Deputy Sheriff II Jeffery Edwards Sent To: Sergeant Robert Young CC: (none) Sent Date/Time: 12/3/2016 7:08 PM Instructions from Deputy Sheriff II Jeffery Edwards to Sergeant Robert Young: for review Comments/Response from Sergeant Robert Young: Comments: The probable cause for the contact was multiple vehicle code violations coupled with a short vehicle pursuit. The Use Of Force was prompted by the suspect’s furtive hand movements and his failure to comply with lawful verbal orders. Several Vie Vu personal body cameras were activated during the Use Of Force and the cameras captured the incident. The apprehension was debriefed in the field and the following day in muster. Although the Use Of Force was in compliance with General Order 1.05 the following training issues were discussed. Radio Communication and the necessity to provide critical updates for inbound units. The importance of identifying and substantiating a Felony want under time constraints and pressure. Determining why the suspect was not complying i.e. intoxication, possibility of an ambush, injury to the suspect, W&I 5150, combative behavior, resisting arrest or attempting to flee. Proper personnel and vehicle positioning for high risk car stops. Maximizing our ability to create tactical advantages and observe different angles. Sheriff’s Office P&P 5.34 in regards to K-9 announcements and time of deployment. The availability of less lethal munitions and the requirement for utilizing them. Clearing vehicles high risk vehicles. Exigent circumstances vs officer safety. Routing #6 Sent From: Sergeant Robert Young Sent To: Lieutenant Anthony De Sousa CC: (none) Sent Date/Time: 12/3/2016 7:33 PM Instructions from Sergeant Robert Young to Lieutenant Anthony De Sousa: please review Comments/Response from Lieutenant Anthony De Sousa: Comments: [Forwarded by Lieutenant Anthony De Sousa] Routing #7 Sent From: Lieutenant Anthony De Sousa Sent To: Division Commander Colby Staysa CC: (none) Sent Date/Time: 12/3/2016 9:57 PM Instructions from Lieutenant Anthony De Sousa to Division Commander Colby Staysa: for your review Comments/Response from Division Commander Colby Staysa: Comments: This K-9 deployment was within General Order 1.05. There was a felony want, non-compliance, and K-9 advisement prior to deployment. However, I spoke with Sergeant Jones (K-9 Supervisor) regarding this deployment. I believe there were other options available to staff that were safe and less severe. I asked Sergeant Jones to retrain his K-9 handlers regarding the mindset of "I can deploy" versus "I should deploy". This was the K-9's first bite, which may have contributed to the deployment based on handler experience level. Routing #8 Sent From: Division Commander Colby Staysa Sent To: Division Commander Kelly Miles CC: (none) Sent Date/Time: 12/15/2016 10:16 AM Instructions from Division Commander Colby Staysa to Division Commander Kelly Miles: For Approval Comments/Response from Division Commander Kelly Miles: Comments: [Forwarded by Division Commander Kelly Miles] Routing #9 Sent From: Division Commander Kelly Miles Sent To: Retired Annuitant - Safety II Charles Nice CC: (none) Sent Date/Time: 12/15/2016 5:11 PM Instructions from Division Commander Kelly Miles to Retired Annuitant - Safety II Charles Nice: For your review. Canine deployment of suspect who was involved in a pursuit and then collided with several parked vehicles. Suspect refused to follow directions of deputies at the end of pursuit and canine was deployed. UOF within policy but I concur with Captain Staysa's comments. Retraining recommended. Comments/Response from Retired Annuitant - Safety II Charles Nice: Comments: Agree. I like the recommendations of Captain Staysa. Training will be implemented. I will discuss with Commander Amaral Assigned Investigator Signature Line ______________________________________________________ [Incident pending assignment] Chain of Command Signature Lines ______________________________________________________ Sergeant Robert Young ______________________________________________________ Deputy Sheriff II Jeffery Edwards ______________________________________________________ Lieutenant Anthony De Sousa ______________________________________________________ Division Commander Colby Staysa ______________________________________________________ Division Commander Kelly Miles ______________________________________________________ Retired Annuitant - Safety II Charles Nice