ADMINISTRATIVE INVESTIGATION CONFIDENTIAL #19-038 Subject: Craig Cedergren, Lieutenant, ACSO ( ) Representative: Mike Rains, Rains Lucia Stern St. Phalle & Silver, PC Witness: Chris Comfort, Deputy Sheriff, ACSO Witness: Chris McMann, Deputy Sheriff, ACSO ( ) Witness: Nikki Rhoades, Deputy Sheriff, ACSO ) Witness: Tiffiny Ross, Deputy Sheriff, ACSO ( Witness: Anastasia Salazar, Deputy Sheriff, ACSO ( Witness: Johnnie Graham, Sergeant, ACSO ( Witness: Kevin Estep, Sergeant, ACSO Witness: Justin McComas, Lieutenant, ACSO ( Witness: Derrick Hesselein, Captain, ACSO ( Witness: Donald Mattison, Captain, ACSO ( Complainant: Internal Investigator: Mark Pickett, Sergeant, ACSO ( Date: June 30, 2019 ) ) ) ) ) ) ) ) SUMMARY OF COMPLAINT On Monday, July 15, 2019, I was assigned this Internal Affairs investigation by Captain Emmanuel Christy. The complaint was regarding an attempted suicide at the Santa Rita Jail (SRJ), in which an inmate later died as a result. The complaint packet consisted of the following: a memorandum from Lieutenant Jeremy Hamman to Commander Thomas Madigan (dated June 11, 2019), a timeline of events regarding Chrisan Madrigal’s custody at SRJ, along with miscellaneous booking sheets and in-custody paperwork. Assistant Sheriff Dennis Houghtelling reviewed this memorandum and requested an internal affairs investigation, regarding the circumstances surrounding this incident. Summary of Memorandum by Lieutenant Jeremy Hamman Lieutenant Hamman advised that on June 10, 2019, the Fremont Police Department (Fremont PD) arrived at SRJ to process arrestee Mr. Madrigal into custody. Mr. Madrigal had been placed under arrest for 11550(a) HS – Under Influence of a Controlled Substance. He was secured in the WRAP device and he was also wearing a spit mask. Mr. Madrigal was cleared for incarceration by Wellpath healthcare services. Shortly after Mr. Madrigal’s arrival to Intake Transfer and Release (ITR), he was removed from the WRAP device by SRJ staff, and he was subsequently handcuffed to the rear. One end of a pair of ankle restraints was applied to the handcuffs, which were behind Mr. Madrigal’s back, and the other end of the ankle restraints were secured to the door of cell R-1. A restraint log was initiated and placed on the cell door. Welfare checks were made by staff periodically and notated on the restraint log. Mr. Madrigal was later found in the cell unresponsive. It appeared Mr. Madrigal had maneuvered his handcuffs from the rear of his body to the front of his body and had wrapped the chain of the ankle restraints around his neck, causing him to lose consciousness. About 1723 hours, Deputy Tiffiny Ross contacted CP-1 and requested a Code 3 medical response for Mr. Madrigal. Mr. Madrigal received immediate care from staff with Wellpath healthcare services, until the Alameda County Fire Department (ACFD) and Paramedics Plus arrived. About 1752 hours, Mr. Madrigal was transported to the ValleyCare Medical Center in Pleasanton, CA. He was later transferred to the Eden Medical Center in Castro Valley, CA, where he remained in the Intensive Care Unit (ICU). On June 11, 2019, about 0835 hours, Mr. Madrigal was released from Sheriff’s Office custody, pursuant to CA Penal Code section 4011.7. Page 1 of 117 Per Eden Township Substation (ETS) Investigations’ Lieutenant Timothy Schellenberg, Mr. Madrigal’s family would be contacted by investigators and advised of Mr. Madrigal’s release from our custody. Based on the above, this investigation will focus on whether ITR Supervisor Lieutenant Craig Cedergren violated any of the Agency’s written directives during the intake and transfer of custody of Mr. Madrigal into our care. Based on the information discovered during this investigation, the following allegations will be addressed: • On June 10, 2019, was Lieutenant Cedergren negligent in his duties as the ITR supervisor? • On June 10, 2019, did Lieutenant Cedergren handcuff Mr. Madrigal to a cell door and then leave him there as punishment for not cooperating with the deputies during the booking process? • On June 10, 2019, did Lieutenant Cedergren fail to activate his Body Worn Camera (BWC) as required by Alameda County Sheriff’s Office General Order 8.17? Page 2 of 117 SUMMARY OF INVESTIGATION ALL INTERVIEWS WERE DIGITALLY RECORDED UNLESS OTHERWISE INDICATED. THE RECORDINGS WERE LATER TRANSFERRED TO COMPACT DISC AND RETAINED AT THE INTERNAL AFFAIRS OFFICE FOR REVIEW. ALL TRANSCRIBED QUOTES ARE VERBATIM, INCLUDING SPELLING, GRAMMER AND PUNCTUATION, OR LACK THEREOF. SUMMARY OF ACSO INCIDENT REPORT# 19-009845 On Monday, June 10, 2019, about 1723 hours, Deputy Bump was working in ITR, when he responded to cell R-1 for a Code 3 medical call, for Mr. Madrigal, who was unresponsive. Deputy Bump later learned the following had taken place, prior to his arrival: On June 10, 2019, about 1410 hours, Mr. Madrigal was brought into SRJ as an “express” (a term given to non-cooperative and combative arrestees who are brought to the jail for booking). Mr. Madrigal had been arrested by Fremont PD for 11550(a) HS – Being under the influence of a controlled substance. Mr. Madrigal was brought into ITR in the WRAP restraint device, and he was wearing a spit mask on his head. Fremont PD officers told Deputies Nikki Rhoades, David Sides, and Chris McMann that Mr. Madrigal was placed in the WRAP because he had been combative with the jail staff at the Fremont PD. Fremont PD officers also relayed, Mr. Madrigal was under the influence of psilocybin mushrooms (a hallucinogen). Wellpath Registered Nurse (RN) Gid Divinagracia cleared Mr. Madrigal for incarceration. About 1415 hours, ITR Sergeant Johnnie Graham decided to move Mr. Madrigal from the ITR lobby to cell R-1. Note: At the time of this incident – per an internal policy at SRJ, once an inmate had been accepted into custody, the WRAP restraint device was no longer permitted to be used inside the jail. Sergeant Graham sent Deputy Chris Comfort to retrieve the Pro-Straint restraint chair, for Mr. Madrigal, once he had been removed from the WRAP. Lieutenant Cedergren was also notified of the request for the restraint chair. About 1425 hours, Lieutenants Craig Cedergren and Justin McComas arrived in ITR and went to cell R-1. Lieutenant Cedergren ordered deputies to remove Mr. Madrigal from the WRAP. Mr. Madrigal was stood up and Lieutenant Cedergren attached the cuff of one end of a pair of ankle restraints between Mr. Madrigal’s handcuffs. The chain of the ankle restraint was fed through the Page 3 of 117 cuffing port of cell R-1’s door. Deputy Justin Johnston was instructed by Lieutenant Cedergren to further secure the ankle restraint by wrapping it around the hinge of the handcuffing port. The other cuff of the ankle restraints was attached to the outside door handle of cell R-1. While Mr. Madrigal continued to actively resist, a pat search was conducted, and the WRAP was removed. Deputies removed the ankle restraint cuff that had been attached to the exterior door handle and positioned Mr. Madrigal inside the cell. Deputies attempted to pull Mr. Madrigal’s hands through the cuffing port by pulling on the chain of the ankle restraint to uncuff him. However, Mr. Madrigal continued to resist their efforts to uncuff him. Deputy Marco Torres translated the commands from English to Spanish for Mr. Madrigal, in an attempt to gain Mr. Madrigal’s cooperation, but this also met with negative results. Ultimately, deputies were unsuccessful in gaining Mr. Madrigal’s cooperation, and Lieutenant Cedergren instructed deputies to stop any further attempts to remove Mr. Madrigal’s handcuffs. Lieutenant Cedergren attached one end of a pair of handcuffs to the ankle restraint cuff and the other end of the pair of handcuffs to the outside doorknob of cell R-1. A restraint log was initiated by Deputy Rhoades. About 1457 hours, Deputy Torres saw Mr. Madrigal had maneuvered the handcuffs to the front of his body, and he notified Sergeant Graham. Deputy Torres continued to try and gain Mr. Madrigal’s compliance to remove his handcuffs, but he was unsuccessful. During the next few hours, deputies made several attempts to gain Mr. Madrigal’s cooperation to remove his handcuffs, but to no avail. About 1720 hours, Deputy Ross and Lieutenant Cedergren found Mr. Madrigal unresponsive. It was apparent Mr. Madrigal had manipulated the ankle restraints around his neck and asphyxiated himself. The ankle restraints and handcuffs were removed, and Mr. Madrigal was laid onto his back in front of cell R-1. Lieutenant Cedergren started Cardiopulmonary Resuscitation (CPR) on Mr. Madrigal until he was relieved by medical personnel. Page 4 of 117 SUMMARY OF LIEUTENANT CEDERGREN’S SUPPLEMENTAL REPORT On Monday, June 10, 2019, Lieutenant Cedergren was assigned to ITR. Lieutenant Cedergren was wearing his Class D utility uniform and had his Axon BWC attached to the front of his uniform, which was in buffering mode. Note: In buffering mode, the camera captures the prior 30 seconds of video but no audio, and the video will not record to permanent memory unless the record button is pressed. About 1413 hours, Lieutenant Cedergren passed through the law enforcement lobby, when he saw Mr. Madrigal seated on the floor, in the WRAP restraint device, attended to by Fremont PD officers, ACSO Sworn and Professional Staff, and Sergeant Graham. About 1416 hours, Sergeant Graham asked Lieutenant Cedergren to meet him by cell R-1, and Lieutenant Cedergren acknowledged the request. About 1421 hours, Sergeant Graham summoned Lieutenant Cedergren again on the radio and requested approval to use the Pro-Straint restraint chair. Lieutenant Cedergren told Sergeant Graham he was enroute. About 1423 hours, Lieutenant Cedergren arrived in ITR. Sergeant Graham told him, “Mushrooms, mushrooms, and he’s, he’s gonna fight us, he’s already tensing his body, we can’t unrestrain him, so.” As Lieutenant Cedergren walked toward Mr. Madrigal, he saw Deputies Anastasia Salazar, Comfort, Ross, Johnston, McMann, Rhoades, and Sides present. Lieutenant Cedergren asked, “We can’t get him out of there?” (in reference to the WRAP) Sergeant Graham replied, “Not without fighting him.” While Lieutenant Cedergren observed Mr. Madrigal’s demeanor, he asked why Fremont PD officers restrained Mr. Madrigal in the WRAP. Deputy Comfort told him, “I heard he was down at the jail, he fought with the, the jail deputies.” Based on Lieutenant Cedergren’ s observations, and the information provided by those present during the incident, Lieutenant Cedergren believed the use of the Pro-Straint restraint chair, which was present, was inappropriate, given the circumstances known to him at the time. Note: The Pro-Straint restraint chair is a chair with equipment designed to restrain, control, and limit the movements of someone who displays hazardous behavior. Page 5 of 117 Lieutenant Cedergren noted, Mr. Madrigal, although restrained in the WRAP, had not displayed the type of behavior which could have resulted in the destruction of property, nor had Mr. Madrigal revealed intent to cause physical harm to himself or others. Lieutenant Cedergren also recognized the need to remove Mr. Madrigal from Fremont PD’s WRAP, to release Fremont PD officers back into service and to allow medical staff to further evaluate Mr. Madrigal. About 1424 hours, Lieutenant Cedergren directed Deputies McMann, Rhoades, and Sides to stand Mr. Madrigal on his feet and remove him from the WRAP. About 1425 hours, Lieutenant Cedergren asked Mr. Madrigal if he spoke English, and someone told him no. Lieutenant Cedergren attempted to ease the tension of the tether strap on the WRAP, while Mr. Madrigal was standing. Lieutenant Cedergren was unable to do so, so he told Deputies McMann and Rhoades to return Mr. Madrigal to a seated position on the floor, which they did. Deputies McMann, Rhoades, and Sides attempted to ease the tension of the tether strap but were unable to do so, due to the texture of the WRAP material, as Mr. Madrigal leaned back and slid forward on the floor. About 1426 hours, Lieutenant Cedergren asked someone to tell Mr. Madrigal in Spanish to sit up. With Deputies Sides and Rhoades assisting in ensuring Mr. Madrigal was seated fully upright, Lieutenant Cedergren was able to ease the tension of the tether strap, and Deputies Sides and Rhoades returned Mr. Madrigal to his feet. Prior to removing the WRAP, ankle restraints were attached to Mr. Madrigal’s handcuffs, as Lieutenant Cedergren recognized Mr. Madrigal’s behavior, volatility, and intentions were unpredictable, and subject to change. By utilizing the restraints in this manner, through the open cuffing port of the open cell door, this facilitated the removal of the WRAP. This technique minimized Mr. Madrigal’s movements by utilizing the cell door as a barrier and limited his ability to kick, resist, or assault anyone while being secured within cell R-1. Note: Lieutenant Cedergren stated in his report that it was also his understanding that the use of ankle restraints in this manner had been presented in the Core course curriculum for entry-level staff and had also been used in other incidents at SRJ. About 1428 hours, Deputies Sides and McMann searched Mr. Madrigal, while Lieutenant Cedergren instructed Deputy Rhoades to maintain physical contact between Mr. Madrigal’s body and the cell door, to limit Mr. Madrigal’s movements. About 1430 hours, per Lieutenant Cedergren’s request, Deputy Torres directed Mr. Madrigal to walk into cell R-1, which he did, and the cell door was closed. Page 6 of 117 About 1431 hours, Deputy Rhoades attempted to guide Mr. Madrigal’s hands through the open cuffing port of the cell door, to remove his restraints, while Lieutenant Cedergren and Deputies Sides and Ross assisted her. However, Mr. Madrigal did not cooperate, and he continued to pull away from the cell door. In addition, Mr. Madrigal also refused to kneel and place his hands through the cuffing port. While ACSO staff maintained control of Mr. Madrigal’s ankle restraints, Deputy Torres directed Mr. Madrigal to place his hands through the cuffing port, several times, without success. To prevent physical injury to Mr. Madrigal and/or any other involved personnel, as well as to maintain control of Mr. Madrigal and gain his compliance, the ankle restraints were secured to the outside doorknob of cell R-1, with a pair of handcuffs (the circumference of the ankle restraint cuff, when closed, was greater than the diameter of the doorknob). Without the use of the handcuffs, Mr. Madrigal could have reached through the cuffing port and simply removed the ankle restraint cuff from the doorknob, and then he would have had a weapon of opportunity. It was Lieutenant Cedergren’s observation, based on Mr. Madrigal’s refusal to cooperate, that even the removal of the ankle restraints from the handcuffs around Mr. Madrigal’s wrists (and allowing Mr. Madrigal to remain in handcuffs within cell R-1), was not likely to occur without employing force to overcome Mr. Madrigal’s resistance and/or lack of cooperation offered. Lieutenant Cedergren also knew, based on his training and experience, an inmate can defeat a pair of handcuffs even when properly applied and double-locked. This would allow the inmate to have access to a means to cause physical harm to oneself or others. About 1433 hours, while RN Divinagracia asked Mr. Madrigal questions to complete the intake screening, Lieutenant Cedergren noted Mr. Madrigal appeared oriented and he responded to the questions, but he continued to refuse to allow his restraints to be removed. About 1435 hours, Deputy Torres contacted Mr. Madrigal again and attempted to get him to cooperate with efforts to remove his handcuffs, to no avail. About 1440 hours, Deputy Rhoades started a Restraint Observation Log (ROL) on Mr. Madrigal. Given the assigned ITR personnel, Lieutenant Cedergren believed the required observations of Mr. Madrigal to be manageable. He also believed Mr. Madrigal would ultimately cooperate in a timely manner. About 1650 hours, Lieutenant Cedergren returned to cell R-1 and observed Mr. Madrigal standing at the cell door. Mr. Madrigal placed his hands on the inner edge of the open cuffing port, and Lieutenant Cedergren saw he had maneuvered his handcuffs to the front of his body. As Lieutenant Cedergren prepared to remove Mr. Madrigal’s handcuffs, Mr. Madrigal pulled his hands back and prevented him from doing so. Lieutenant Cedergren left the area. Page 7 of 117 About 1720 hours, Lieutenant Cedergren returned to the ITR lobby and he walked to cell R-1 to check on Mr. Madrigal. As he looked into the window of Mr. Madrigal’s cell, he did not see Mr. Madrigal standing as he had on previous occasions. Lieutenant Cedergren looked closer and saw Mr. Madrigal seated, with his upper body against the cell door and his hands on the right side of his chest, as if they were resting on a knee. Lieutenant Cedergren attempted to communicate with Mr. Madrigal, but he did not respond. About 1721 hours, Lieutenant Cedergren asked Deputy Ross to standby, while he further assessed Mr. Madrigal. As Lieutenant Cedergren opened the cell door, he saw Mr. Madrigal had placed a single loop of the chain around his neck, formed with the piece of chain connecting the ankle restraints, and he was now unresponsive. Lieutenant Cedergren immediately began working to free Mr. Madrigal, by lifting his body up from the seated position, while removing the loop of chain from around his neck. About 1722 hours, Deputy Rhoades responded for assistance. After Lieutenant Cedergren removed Mr. Madrigal’s left wrist from the handcuffs, he carefully placed him in a supine position on the floor and started CPR. Note: At this point, Lieutenant Cedergren inadvertently knocked his BWC off his uniform, which fell onto floor. Lieutenant Cedergren also requested an Automated External Defibrillator (AED), which Deputy Rhoades attached to Mr. Madrigal’s chest and activated. About 1724 hours, medical staff from Wellpath healthcare services relieved Lieutenant Cedergren and took over medical care for Mr. Madrigal. Lieutenant Cedergren confirmed medical personnel were enroute to SRJ, Code 3. About 1725 hours, Lieutenant Cedergren retrieved the ROL and updated it to reflect the time for the Code 3 medical response. Lieutenant Cedergren contacted Commander Madigan and advised him of the incident. About 1734 hours, the ACFD arrived and assumed all lifesaving measures for Mr. Madrigal. Page 8 of 117 SUMMARY OF DEPUTY COMFORT’S SUPPLEMENTAL REPORT On Monday, June 10, 2019, Deputy Comfort was working in ITR. Deputy Comfort was wearing his BWC, which he activated during this incident. About 1414 hours, the Fremont PD arrived at SRJ with Mr. Madrigal, a violent suspect, who was in the WRAP restraint device and was also wearing a spit mask. Officers with the Fremont PD advised Deputy Comfort that Mr. Madrigal had fought with their jail staff, and he was currently under the influence of psilocybin mushrooms. Deputy Comfort assisted Deputy Ross and Fremont PD officers removing Mr. Madrigal from the police vehicle and brought him into the lobby. Mr. Madrigal was resistant in the front lobby, and he refused to allow staff to remove him from the WRAP. After several failed attempts, Mr. Madrigal was transferred from the lobby to cell R1 in ITR. Mr. Madrigal was placed on the floor in cell R-1, and he was rolled over onto his side. Several more attempts were made to remove Mr. Madrigal from the WRAP, but they were also unsuccessful. Because of Mr. Madrigal’s violent history and his refusal to submit to jail staff demands, the decision was made to place Mr. Madrigal in the Pro-Straint restraint chair. The restraint chair was set up, and Sergeant Graham and Lieutenant Cedergren were on scene to monitor the transition. Lieutenant Cedergren decided to leave Mr. Madrigal in cell R-1 using the ankle restraints and handcuffs to restrain Mr. Madrigal from injuring himself or any other staff members and a ROL was initiated. Page 9 of 117 SUMMARY OF SERGEANT GRAHAM’S SUPPLEMENTAL REPORT On Monday, June 10, 2019, Sergeant Graham was working in ITR. Sergeant Graham was wearing his BWC, which he activated during this incident. About 1409 hours, Sergeant Graham heard radio traffic asking for additional deputies for “an express,” in the ITR lobby. Sergeant Graham responded to the ITR lobby, and he saw ITR deputies speaking to two Fremont PD officers. He also saw a nurse speaking to Mr. Madrigal, while he was seated in the rear seat of a patrol vehicle in the ITR parking lot. Sergeant Graham saw Mr. Madrigal restrained in the WRAP, and he was wearing a spit mask. Sergeant Graham briefly spoke with the Fremont PD officers, who advised him Mr. Madrigal was on “mushrooms” and was combative. Once nursing staff cleared Mr. Madrigal for incarceration, deputies assisted the Fremont PD officers in carrying Mr. Madrigal into the ITR lobby, where he was placed on the floor. During the initial contact with Mr. Madrigal, he was advised several times in English and Spanish to cooperate, to no avail. Once Mr. Madrigal was inside the jail, Sergeant Graham made the decision to move Mr. Madrigal into cell R-1, where he was placed on the floor. Sergeant Graham told deputies to remove Mr. Madrigal from the WRAP, so they could transition him into waist restraints. As the WRAP was being removed, Mr. Madrigal immediately began to stiffen his body, in an attempt to overpower deputies. Sergeant Graham was asked if he thought the Pro-Straint restraint chair should be used, to prevent an assault and/or a use of force with Mr. Madrigal. Sergeant Graham agreed with the decision to use the restraint chair, and he directed Deputy Comfort to retrieve it. Sergeant Graham radioed Lieutenant Cedergren, who advised he would respond to the area. As they waited for Lieutenant Cedergren to respond, Sergeant Graham and the deputies formed a plan to get Mr. Madrigal secured in the restraint chair. Deputy Torres was also identified as the safety officer to monitor the application of the restraint chair. After a few minutes, Sergeant Graham again radioed Lieutenant Cedergren and requested authorization to use the restraint chair. A short time later, Lieutenants Cedergren and McComas arrived on scene in ITR. Sergeant Graham advised them of the nature of the incident and told them he believed the utilization of the restraint chair would prevent an assault. Lieutenant Cedergren looked into cell R-1 and stated he did not want to use the restraint chair. Lieutenant Cedergren directed the deputies to stand Mr. Madrigal up as the WRAP was removed and Mr. Madrigal was handcuffed, with his hands behind his back. Once Mr. Madrigal was standing, the cuff of a pair of ankle restraints was secured to Mr. Madrigal’s handcuffs and the other cuff was passed through the cuffing port of the cell door. Page 10 of 117 Deputies held onto the ankle restraints from the other side of the door, to prevent Mr. Madrigal from pulling away from them. Deputies then exited the cell and Mr. Madrigal was held against the cell door. Several commands, in English and Spanish, were given to Mr. Madrigal for him to bend down so the handcuffs could be removed. However, Mr. Madrigal did not comply. Lieutenant Cedergren decided to leave Mr. Madrigal in the restraints and to start a ROL. The other end of the ankle restraints was secured to another set of handcuffs and those handcuffs were secured to the outside doorknob of cell R-1. Over the next hours, Sergeant Graham made several attempts to convince Mr. Madrigal to cooperate and allow himself to be unhandcuffed, to no avail. About 1445 hours, Sergeant Graham checked on Mr. Madrigal and saw he had maneuvered his handcuffs to the front of his body. Sergeant Graham decided a ROL had already been initiated, and there was no ongoing danger to staff, so no attempts should be made to relocate Mr. Madrigal’s handcuffs to the rear of his body again. Sergeant Graham signed the ROL and relayed this information to Sergeant Kevin Estep, prior to him leaving at the conclusion of his shift at 1600 hours. Page 11 of 117 SUMMARY OF DEPUTY JOHNSTON’S SUPPLEMENTAL REPORT On Monday, June 10, 2019, Deputy Johnston was working in ITR. Deputy Johnston was wearing his BWC, which he activated during this incident. About 1420 hours, Deputy Johnston responded to Sergeant Graham’s radio call, requesting additional deputies for a priority booking in the lobby. Deputy Johnston arrived and saw Mr. Madrigal restrained in the WRAP, with a spit mask over his head. Deputy Johnston learned Mr. Madrigal had been arrested for being under the influence of a controlled substance; Mr. Madrigal was being uncooperative and refusing to answer basic questions. Deputies Sides, Rhoades, and McMann carried Mr. Madrigal to cell R-1, to be searched and to have him removed from the WRAP. Due to Mr. Madrigal’s behavior and his refusal to cooperate, it was decided Mr. Madrigal should be transitioned out of the WRAP and into the ProStraint restraint chair, for his safety and the safety of other deputies. Deputies assisted Mr. Madrigal to his feet and stood him up outside of cell R-1. Lieutenant Cedergren attached one side of a set of ankle restraints to the handcuffs Mr. Madrigal was wearing and put the other end of the ankle restraints through the cuffing port of the cell door of R-1. The end of the ankle restraints was attached to the outside doorknob of the cell door. Lieutenant Cedergren directed Deputy Johnston to double lock the ankle restraints, and he did. Deputy Johnston saw that the diameter of the closed cuff of the ankle restraints was larger than the doorknob and could be slipped off the handle. Lieutenant Cedergren directed him to secure the restraint by wrapping it around the hinge of the cuffing port, which he did. While Mr. Madrigal was secured to the cell door and his back was against the inside of the cell door, Deputies Sides and McMann were able to remove the WRAP and search Mr. Madrigal. Deputies were then able to get Mr. Madrigal back into cell R-1 and close the door. The ankle restraints were still secured between the hinge of the cuffing port and the handcuffs Mr. Madrigal was wearing. Deputies unwrapped the ankle restraints from the hinge of the cuffing port and held onto them to control Mr. Madrigal. Deputy Torres spoke to Mr. Madrigal in Spanish and told him to put his hands through the cuffing port so the handcuffs could be removed, but Mr. Madrigal refused to cooperate. After multiple failed attempts to remove Mr. Madrigal’s handcuffs, Lieutenant Cedergren attached one cuff of a pair of handcuffs to one end of the ankle restraints and the other cuff of the handcuffs to the outer doorknob on cell R-1. Once Mr. Madrigal was restrained in this manner and secured inside the cell, Deputy Johnston left the area. Page 12 of 117 SUMMARY OF DEPUTY McMANN’S SUPPLEMENTAL REPORT On Monday, June 10, 2019, Deputy McMann was working at SRJ and assigned to Housing Unit 9, when he took his lunch break. Deputy McMann was wearing his BWC, which he activated during this incident. About 1410 hours, Deputy McMann heard a radio call for assistance in ITR, so he responded. Upon arrival, Deputy McMann learned Fremont PD officers had brought Mr. Madrigal to the jail for being under the influence of “mushrooms.” Deputy McMann saw Mr. Madrigal had been restrained in the WRAP and he was wearing a spit mask, due to his erratic behavior. Mr. Madrigal was conscious and breathing normally, and he did not appear to be in any type of medical distress. However, Deputy McMann saw Mr. Madrigal was not compliant with any of the orders from jail or medical staff. RN Divinagracia tried to take Mr. Madrigal’s vital signs, but he was unable to do so, because Mr. Madrigal constantly tensed his body and clenched his fists. Sergeant Graham made the decision to escort Mr. Madrigal to cell R-1, to assist the deputies in removing Mr. Madrigal from the WRAP and completing a custodial search of his person. Deputies Rhoades, Sides, and McMann picked up Mr. Madrigal while he was still in the WRAP and carried him to cell R-1. Deputy McMann noted, Mr. Madrigal appeared to be confused, as he looked around the cell with a dazed look in his eyes. While they were in cell R-1, Mr. Madrigal continued to tense his body, so Deputy McMann utilized his bodyweight to apply pressure to Mr. Madrigal’s right hip. Sergeant Graham made the decision to remove Mr. Madrigal from the WRAP and place him into the Pro-Straint restraint chair, pending approval from Lieutenant Cedergren. While waiting for Lieutenant Cedergren to arrive on scene, Deputy Rhoades and Deputy McMann removed Fremont PD’s handcuffs, which were on Mr. Madrigal and secured him with a pair of ACSO handcuffs. About 1425 hours, Lieutenant Cedergren made the decision not to approve the placement of Mr. Madrigal into the restraint chair. Lieutenant Cedergren instructed the deputies to loosen the tether strap of the WRAP, so Mr. Madrigal could stand. However, Mr. Madrigal did not comply with their orders to stop tensing his body. Deputy McMann had to apply his bodyweight onto Mr. Madrigal’s upper back, while pushing his body towards Mr. Madrigal’s feet, so that the tether strap could be loosened and then he and Deputy Rhoades stood Mr. Madrigal up. Page 13 of 117 Mr. Madrigal was backed up to the cell door of R-1, where Deputy Rhoades assisted other deputies in removing Mr. Madrigal from the WRAP. Deputy McMann conducted a custodial search of Mr. Madrigal’s person. After the search of Mr. Madrigal was complete, the cell door was closed. Deputy McMann left and returned to Housing Unit 9 and allowed the ITR deputies to take over the duties of care and custody of Mr. Madrigal. Page 14 of 117 SUMMARY OF DEPUTY RHOADES’ SUPPLEMENTAL REPORT On Monday, June 10, 2019, Deputy Rhoades was working in ITR. Deputy Rhoades was wearing her BWC, which she activated during this incident. About 1410 hours, Deputy Rhoades heard Sergeant Graham broadcast, via radio, for additional deputies to respond to the ITR lobby for a priority booking inmate. Deputy Rhoades understood this to mean, the inmate had been in a physical altercation with officers and had been placed in a restraint device or was being actively combatant, while in transport. Deputy Rhoades responded to the lobby and learned Mr. Madrigal had ingested hallucinogenic mushrooms and had been arrested by Fremont PD officers. Deputy Rhoades saw Mr. Madrigal had been placed in the WRAP with a spit mask over his head and he was lying on the floor near the intake counter. RN Divinagracia examined Mr. Madrigal and attempted to check his vital signs to clear him for incarceration. RN Divinagracia was able to obtain Mr. Madrigal’s blood pressure reading. However, when RN Divinagracia attempted to place an oxygen monitor on Mr. Madrigal’s finger to ascertain his oxygen level and pulse, Mr. Madrigal clenched his right hand into a fist and refused to allow him to do so. Deputy Rhoades tried to help, by prying Mr. Madrigal’s hand open. RN Divinagracia was able to get Mr. Madrigal’s pulse manually, but he could not ascertain his oxygen levels. Mr. Madrigal’s pulse was in the normal range, so he cleared Mr. Madrigal for incarceration. Due to Mr. Madrigal’s uncooperative behavior and his history of assaulting law enforcement staff, he was left in the WRAP. Deputies Rhoades, McMann, and Sides carried Mr. Madrigal to cell R-1. Once inside the cell, Mr. Madrigal was laid on his side and a pat search for contraband was conducted. However, Mr. Madrigal actively resisted this search, by rolling onto his back and tensing his body, in an effort to prevent deputies from searching him. Due to Mr. Madrigal’s combative behavior at the Fremont jail, coupled with his active resistance with ACSO staff and his refusal to follow orders, deputies on scene requested authorization to remove Mr. Madrigal from the WRAP and place him in the Pro-Straint restraint chair. It was determined that once Mr. Madrigal was in the restraint chair, he would be placed near the nurse’s station. Deputy Torres would be designated as the assigned safety officer, who would be able to maintain a direct visual observation of Mr. Madrigal. In preparation of Mr. Madrigal’s placement into the restraint chair, Deputy Rhoades removed Fremont PD’s handcuffs from Mr. Madrigal and replaced them with her own pair of handcuffs. Page 15 of 117 During the handcuff transition, Mr. Madrigal repeatedly tensed his arms and clenched his fists, in an apparent attempt to prevent Deputy Rhoades from removing Fremont PD’s handcuffs and replacing them with her own. Sergeant Graham notified Lieutenant Cedergren of the request for authorization to use the restraint chair, and Deputy Comfort retrieved the restraint chair and positioned it outside of cell R-1. About 1425 hours, Lieutenants Cedergren and McComas arrived on scene. Sergeant Graham informed Lieutenant Cedergren that due to Mr. Madrigal’s pre-assaultive indicators, deputies would not be able to remove Mr. Madrigal from the WRAP without using force. Lieutenant Cedergren ordered Deputies Sides, McMann, and Rhoades to remove Mr. Madrigal from the WRAP. Deputy Sides pushed Mr. Madrigal forward by his shoulders, while Deputy Ross held his feet, preventing Mr. Madrigal from sliding forward so deputies had enough slack to remove the center tether strap of the WRAP. However, Mr. Madrigal used his bodyweight to push against Deputy Ross, which prevented the removal of the tether strap. Multiple efforts were made to remove the center strap, with negative results. Lieutenant Cedergren entered the cell and ordered Mr. Madrigal to sit up. Lieutenant Cedergren was able to eventually pull Mr. Madrigal forward far enough, using the strap, to allow deputies to undo the tether strap. Lieutenant Cedergren ordered the deputies to stand Mr. Madrigal to his feet and Mr. Madrigal was escorted just outside of cell R-1. Deputies McMann and Rhoades turned Mr. Madrigal, so he was facing inside of the cell. Lieutenant Cedergren placed one cuff of the ankle restraints around the chain of Mr. Madrigal’s handcuffs. The deputies turned Mr. Madrigal, so his back was against the open cell door and the chain of the ankle restraints and remaining cuff were passed through the open cuffing port of cell R-1. The cell door was used to prevent Mr. Madrigal from falling, while Deputies McMann and Rhoades removed Mr. Madrigal from the upper portion of the WRAP, even though Mr. Madrigal continued to resist by pushing his body forward. Deputy Rhoades used her right arm and bodyweight to hold Mr. Madrigal against the cell door and to keep him from falling forward. Deputies Sides and McMann removed the lower portion of the WRAP from Mr. Madrigal, and a search for contraband of his person was conducted. Once the WRAP was completely removed, Mr. Madrigal was told to walk forward, into his cell. Deputy Rhoades grabbed the chain of the ankle restraints and attempted to pull Mr. Madrigal’s hands through the cuffing port, so deputies could remove the ankle restraints and Mr. Madrigal’s handcuffs. However, Mr. Madrigal refused to cooperate, and he pulled away from the closed Page 16 of 117 door. Deputies Ross and Rhoades grabbed the other end of the ankle restraints by pulling backwards on the ankle cuff, in an attempt to force Mr. Madrigal’s hands through the open cuffing port, but they were unsuccessful. Lieutenant Cedergren instructed Deputies Ross and Rhoades to stop pulling on the chain of the ankle restraints. Lieutenant Cedergren took an additional set of handcuffs and secured one handcuff to the remaining cuff of the ankle restraints and the other handcuff around the outside doorknob of cell R-1. Deputy Rhoades initiated a ROL. Over the next few hours, multiple attempts were made by various staff members to remove Mr. Madrigal’s handcuffs, but this met with negative results. About 1721 hours, Deputy Rhoades returned to the intake area of ITR. As she neared cell R-1, she saw Lieutenant Cedergren and Deputy Ross standing outside the cell door. She heard Lieutenant Cedergren tell Mr. Madrigal, “Hey, wake up.” Deputy Rhoades saw Lieutenant Cedergren open the cell door of R-1, and she saw Mr. Madrigal sitting against the cell door. Mr. Madrigal was slumped down, the chain of the ankle restraints was around his neck, and his hands were still in the handcuffs near the right side of his head. Deputy Rhoades ran to the ITR nurse station and requested medical assistance. Deputy Rhoades returned to cell R-1 and assisted Deputy Ross and Lieutenant Cedergren in removing the chain of the ankle restraints from around Mr. Madrigal’s neck. Mr. Madrigal was laid on the floor, and Lieutenant Cedergren immediately began CPR, until he was relieved by medical staff. Page 17 of 117 SUMMARY OF DEPUTY ROSS’ SUPPLEMENTAL REPORT On Monday, June 10, 2019, Deputy Ross was working in ITR. Deputy Ross was wearing her BWC, which she activated during this incident. About 1410 hours, Deputy Ross was notified by Sheriff’s Technicians that Fremont PD had a priority booking. Deputy Ross arrived in the ITR lobby and learned Fremont PD had transported Mr. Madrigal to SRJ for booking. Deputy Ross saw Mr. Madrigal was in the WRAP and wearing a spit mask. Fremont PD officers told her, Mr. Madrigal had been combative with the Fremont PD jail staff earlier in the day and he had also ingested psilocybin mushrooms. Sergeant Graham arrived on scene. Deputies Comfort and Ross, along with a Fremont PD officer, carried Mr. Madrigal from the patrol car into the ITR lobby. RN Divinagracia medically evaluated Mr. Madrigal, but Mr. Madrigal refused to answer his questions. Mr. Madrigal also prevented RN Divinagracia from placing the oxygen monitor on his finger, as he continuously tensed his hand and clenched it into a fist. After RN Divinagracia obtained Mr. Madrigal’s blood pressure, he cleared Mr. Madrigal for incarceration. Deputies Rhoades, McMann, and Sides carried Mr. Madrigal to cell R-1, where they attempted to remove the WRAP and search Mr. Madrigal for contraband. However, Mr. Madrigal tensed his body and prohibited the deputies from releasing the tension straps on the WRAP. Due to Mr. Madrigal’s combative behavior at the Fremont Jail, the tensing of his body, and his refusal to cooperate with deputies and nursing staff, it was believed Mr. Madrigal would continue to cause physical harm to staff members. Deputies requested Mr. Madrigal be placed in the Pro-Straint restraint chair. Sergeant Graham notified Lieutenant Cedergren and requested approval for Mr. Madrigal to be transitioned from the WRAP to the restraint chair. It was determined that once Mr. Madrigal had been placed in the restraint chair, he would be placed in the sobering cell near the nurse’s station, and Deputy Torres would be the designated safety officer, who would be responsible for observation of Mr. Madrigal. About 1425 hours, Lieutenants Cedergren and McComas arrived on scene. Sergeant Graham explained to Lieutenant Cedergren that, due to Mr. Madrigal’s pre-assaultive indicators, ACSO staff would be unable to remove Mr. Madrigal from the WRAP without using force. Lieutenant Cedergren ordered Deputies Rhoades, Sides, and McMann to remove Mr. Madrigal from the WRAP. However, Mr. Madrigal continued to tense his body and push his bodyweight Page 18 of 117 against the deputies, preventing them from doing so. Deputy Ross held Mr. Madrigal’s ankles while Lieutenant Cedergren pulled Mr. Madrigal’s torso towards his feet, which allowed the tension to release, and the straps of the WRAP were loosened. Lieutenant Cedergren asked for ankle restraints and ordered Deputies Rhoades, Sides, and McMann to stand Mr. Madrigal on his feet. After doing so, Lieutenant Cedergren attached ankle restraints to the handcuffs Mr. Madrigal was wearing. Lieutenant Cedergren then put the other end of the ankle restraints through the cell door’s cuffing port and hooked the cuff around the cuffing port door. Mr. Madrigal’s back was to the open cell door. Lieutenant Cedergren ordered deputies to remove the WRAP while Mr. Madrigal was standing. Mr. Madrigal continued to resist, using his bodyweight to push against Deputy Rhoades while Deputy Sides removed the WRAP. However, once the WRAP was removed, Mr. Madrigal refused to walk into the cell. Deputy Rhoades continued to close the cell door, while Deputies McMann and Sides pushed Mr. Madrigal into the cell. Mr. Madrigal refused to put his hand through the open cuffing port so deputies could remove his handcuffs. Deputies Rhoades and Ross attempted to pull Mr. Madrigal’s hands through the open cuffing port, with the ankle restraints that were attached to Mr. Madrigal’s handcuffs, but this met with negative results. Lieutenant Cedergren decided to hook the ankle restraint to the exterior doorknob until Mr. Madrigal calmed down and was willing to allow the handcuffs to be removed. Deputy Torres tried to talk Mr. Madrigal into putting his hands through the open cuffing port, but this met with negative results. Deputy Rhoades initiated a ROL. At an unknown time, Mr. Madrigal was able to manipulate his handcuffs from behind his back, to the front of his body, while he was chained to the door. Typically, when an inmate is combative and poses a threat to the safety of deputies, if that inmates slips his handcuffs from the back to the front of his body, deputies will not re-engage the inmate to reposition the handcuffs to the back of an inmate’s body again. This reduces the risk of injury to both, the deputies and the inmate, and avoids a potential use of force. About 1648 hours, Deputy Ross saw Mr. Madrigal standing at the cell door. About 1700 hours, Deputy Ross responded to the transfer side of ITR to assist in unloading several buses of inmates. Once the buses were unloaded, Deputy Ross went back to the intake side of ITR. Soon thereafter, she heard Lieutenant Cedergren tell Mr. Madrigal, “Hey, wake up.” About 1720 hours, Lieutenant Cedergren asked her to standby, as he opened R-1’s cell door. Page 19 of 117 Deputy Ross looked inside cell R-1 and saw Mr. Madrigal sitting, with his back to the cell door. Deputy Ross saw there was tension on the handcuffs, and she asked Lieutenant Cedergren if Mr. Madrigal was strangling himself. Lieutenant Cedergren opened the cell door slightly and tapped Mr. Madrigal on the shoulder, as he told him to wake up. As Lieutenant Cedergren stepped back, Deputy Ross saw Mr. Madrigal had the chain of the ankle restraints wrapped around his neck, with his hands up near the side of his face. Deputy Ross said, “He’s got the chains. He’s got the chains around it LT.” Lieutenant Cedergren opened the cell door and she grabbed Mr. Madrigal’s right arm and attempted to lift it over his head to free the chain from around his neck. Deputy Rhoades saw what was happening and ran to get help from medical staff. Lieutenant Cedergren and Deputy Ross were unable to get Mr. Madrigal’s right arm over his head, with him sitting on the ground. Deputy Ross told Lieutenant Cedergren to pick up Mr. Madrigal by his left shoulder as she picked up Mr. Madrigal by his right shoulder. Deputy Rhoades unlocked the ankle restraints from the cell door, which freed Mr. Madrigal’s arm and allowed enough slack for her to push Mr. Madrigal’s arm over his head and to free the chain from around his neck. Mr. Madrigal was laid on his back, on the floor, and Lieutenant Cedergren started CPR, while Deputy Ross removed his handcuffs and the ankle restraints that were attached to his handcuffs. About 1723 hours, Deputy Ross requested a Code 3 medical response for Mr. Madrigal. Page 20 of 117 SUMMARY OF DEPUTY SIDES’ SUPPLEMENTAL REPORT On Monday, June 10, 2019, Deputy Sides was working in ITR. Deputy Sides was wearing his BWC, which he activated during this incident. About 1410 hours, Deputy Sides was advised that Fremont PD had arrived at SRJ with a priority booking. Deputy Sides entered the lobby and saw Mr. Madrigal being carried into the law enforcement lobby. He saw Mr. Madrigal had a spit mask over his head, and he was in the WRAP. Several attempts to communicate with Mr. Madrigal in English and Spanish were made, to no avail. Fremont PD officers stated they believed Mr. Madrigal was under the influence of psilocybin mushrooms and they also said he had been combative with them, prior to him being placed in the WRAP. Wellpath nursing staff evaluated Mr. Madrigal in the lobby, but he was resistant towards them. Mr. Madrigal clenched his fists, tensed his body, and would not answer questions or allow medical staff to place an oximeter on his finger. However, he was ultimately cleared for incarceration. About 1415 hours, while Mr. Madrigal was still in the WRAP, he was accepted into SRJ. Deputies McMann, Rhoades, and Sides carried Mr. Madrigal to cell R-1 to determine if the WRAP could be removed. Mr. Madrigal continued to resist, as he was laid on his side in a recovery position. Mr. Madrigal tensed his body by pushing against the restraints and flailing his body, in what appeared to be an attempt to sit up. Deputy Sides placed his left knee on Mr. Madrigal’s right leg to prevent him from injuring himself. Sergeant Graham requested approval from Lieutenant Cedergren for the restraint chair, and the restraint chair was retrieved and made ready to use with Mr. Madrigal. About 1425 hours, Lieutenant Cedergren arrived on scene. Lieutenant Cedergren did not approve the use of the restraint chair, and he told the deputies he wanted Mr. Madrigal standing. Deputies attempted to loosen the strap to allow Mr. Madrigal to stand, but Mr. Madrigal pushed with his legs, which created tension between the top and bottom portions of the WRAP. Eventually, Mr. Madrigal’s upper body was pushed forward far enough to free the strap. Deputy Sides assisted Mr. Madrigal in standing and he was escorted outside the cell. Ankle restraints were attached to the chain of Mr. Madrigal’s handcuffs and then fed through the cuffing port of the cell door. Deputy Sides assisted in removing the top and bottom portions of the WRAP, as Mr. Madrigal stood against the cell door. Deputies Sides and McMann performed a pat search of Mr. Madrigal’s person, which did not yield anything of evidentiary value. Page 21 of 117 Deputy Sides removed the lower portion of the WRAP, and he assisted in closing the cell door, securing Mr. Madrigal inside the cell. Deputy Torres ordered Mr. Madrigal to place his hands outside the cell through the open cuffing port of the door so they could remove his handcuffs, but Mr. Madrigal refused. In an attempt to free Mr. Madrigal from the restraints, attempts were made to pull the ankle restraints (which were attached to Mr. Madrigal’s handcuffs) through the cuffing port, but this was also unsuccessful. Rather than risk possible injuries to Mr. Madrigal by forcing his hands through the cuffing port, the ankle restraints were attached to the exterior doorknob of the cell door, with an additional pair of handcuffs. A restraint log was initiated, and several attempts were made to convince Mr. Madrigal to cooperate with the removal of his handcuffs over the next several hours, but this also met with negative results. Page 22 of 117 Summary of Interview with Deputy Anastasia Salazar On Thursday, December 5, 2019, Deputy Kevan Woods and I interviewed Deputy Salazar in the administrative conference room at SRJ. In summary, Deputy Salazar told me the following: On June 10, 2019, Deputy Salazar was working in ITR at SRJ, when Mr. Madrigal was brought into the jail by Fremont PD. Deputy Comfort told her Mr. Madrigal was going to be transitioned out of the WRAP and into the restraint chair, so she got the restraint chair. I asked Deputy Salazar what her opinion of Sergeant Graham was, and she told me he was a good sergeant, who was level-headed and made good decisions. Deputy Salazar stated she never had any issues with him. I asked her if Sergeant Graham seemed to have the respect of the deputies he supervised, and she told me, “somewhat.” Deputy Salazar elaborated on her answer by telling me she believed Sergeant Graham was approaching the end of his career, and he was known for not liking to do anything that would require him to work past his normal workday. However, she added he was a reasonable supervisor. I asked Deputy Salazar what her opinion of Lieutenant Cedergren was, and she told me she had always liked him, as he used to be her supervisor on the security side of the jail. She stated she also viewed him as level-headed supervisor who made good decisions. She told me from what she could remember, she thought he also had the respect of the deputies and sergeants he supervised. However, she told me that since he became a lieutenant, she did not really know him that well anymore and she had limited interactions with him. I asked Deputy Salazar what her understanding of an “express” was and she told me it was a combative arrestee, who needed to be assessed by deputies once they arrived at the jail. When Deputy Salazar heard Mr. Madrigal was in the WRAP and he was an “express,” she confirmed she understood this to mean that Mr. Madrigal was non-cooperative and/or combative. Deputy Salazar added, once she saw Mr. Madrigal in the WRAP and wearing a spit mask, this further bolstered her belief. I asked Deputy Salazar if it would be reasonable to conclude, based on these facts, that the restraint chair would have been a reasonable choice to use for Mr. Madrigal, and she told me yes. Deputy Salazar stated, she thought that was the best option available to them at the time. I asked Deputy Salazar if she had ever seen anyone attach ankle restraints to the handcuffs an inmate had been wearing to hold them against the door before and she told me no, not in that manner. Deputy Salazar added, she has seen deputies use ankle restraints or another pair of handcuffs to help with leverage when pulling an inmate’s hands through the cuffing port of a cell door before. Page 23 of 117 However, Deputy Salazar confirmed she never saw a deputy use restraints to restrain an inmate to a fixed object before, like Lieutenant Cedergren did. I asked Deputy Salazar if she had ever tethered an inmate to the door before, and she told me no. I asked Deputy Salazar if she was surprised when she saw Lieutenant Cedergren tether Mr. Madrigal to the door, and she told me yes. Deputy Salazar stated she had never seen a deputy tether an inmate to the door before. Deputy Salazar added, she did not really understand what was happening at the time, so she thought Lieutenant Cedergren may have been using a technique that she had never learned. However, she told me that it did not make sense to her, when Lieutenant Cedergren had done that. I asked Deputy Salazar if she ever heard Lieutenant Cedergren discuss a plan on how to deal with Mr. Madrigal, and she told me no. I asked Deputy Salazar if she was surprised when Lieutenant Cedergren arrived on scene and went “hands on” with Mr. Madrigal. She told me she was not surprised because she had known Lieutenant Cedergren to be more involved than most lieutenants. However, she stated in the same regard, most lieutenants do not go “hands on,” so that was a surprise. I asked Deputy Salazar if she ever thought the deputies were in danger or needed Lieutenant Cedergren to step in, and she told me no. I asked Deputy Salazar if she was surprised when the restraint chair was not used, and she told me yes. Deputy Salazar told me, from her understanding she believed all the deputies on scene thought the restraint chair should have been used with Mr. Madrigal and from what she remembered, Sergeant Graham was also upset the restraint chair was not utilized. I asked Deputy Salazar if she had recently been trained on the use of the restraint chair, and she told me yes. I asked Deputy Salazar if she thought this would have been an ideal situation to use the restraint chair, and she told me yes. Deputy Salazar added that the ITR deputies were so upset that Lieutenant Cedergren did not approve the use of the restraint chair, they decided to leave the restraint chair next to Mr. Madrigal’s cell. She told me the purpose of doing so, was just so every time Lieutenant Cedergren walked by Mr. Madrigal’s cell, he would have to look at the empty restraint chair. Page 24 of 117 Summary of Interview with Deputy Chris McMann On Tuesday, December 17, 2019, Deputy Woods and I interviewed Deputy McMann in the administrative conference room at SRJ. In summary, Deputy McMann told me the following: On June 10, 2019, while Deputy McMann was at lunch, he heard ITR requesting assistance for an “express.” Deputy McMann ran to ITR, and upon his arrival, he learned Mr. Madrigal had been brought to the jail in the WRAP by Fremont PD. When Deputy McMann saw Mr. Madrigal, he could tell Mr. Madrigal was intoxicated and/or under the influence of an unknown substance. There was no real effective communication between Mr. Madrigal and staff, so the decision was made to bring Mr. Madrigal to one of the “R” tanks in ITR and remove the WRAP. However, the deputies had difficulty removing Mr. Madrigal from the WRAP because he pushed against them as they exerted their effort to remove it. One of the deputies suggested they use the restraint chair to restrain Mr. Madrigal, and the chair was positioned next to Mr. Madrigal’s cell door. Sergeant Graham asked permission from Lieutenant Cedergren to use the chair, but when Lieutenant Cedergren responded, the decision to use the chair was not chosen. Lieutenant Cedergren told the deputies to take Mr. Madrigal out of the WRAP and they were directed, step-by-step, on how to do it. Later, Deputy McMann saw a deputy attaching ankle restraints to Mr. Madrigal’s handcuffs and he thought that was to hold the inmate against the door. At this point, Deputy McMann backed away and left the care and custody of Mr. Madrigal to the ITR deputies. I asked Deputy McMann what his opinion of Sergeant Graham was, but he told me he did not really know him. I asked him if Sergeant Graham seemed to have the respect of the deputies that were on scene in ITR, and he told me yes. I asked him if he thought Sergeant Graham was a competent ITR supervisor, and he told me yes. I asked him if he believed Sergeant Graham wanted to use the restraint chair, and he told me yes. Deputy McMann told me everyone who was on scene, prior to Lieutenant Cedergren’s arrival, wanted to use the restraint chair to restrain Mr. Madrigal. I asked Deputy McMann if he knew Lieutenant Cedergren, and he told me no, he had never worked with him. I asked Deputy McMann what his understanding of an “express” was. Deputy McMann told me he believed it was someone who was extremely resistive, combative, or “high,” who needed to forego the normal booking process, so they could be placed in a cell to sober up as safely as possible. Page 25 of 117 When Deputy McMann heard Mr. Madrigal was in the WRAP and he was an “express,” he confirmed he understood this to mean Mr. Madrigal was non-cooperative and/or combative. He added, once he saw Mr. Madrigal was in the WRAP and wearing a spit mask, this further bolstered this same belief. I asked Deputy McMann if it would be rational to conclude, based on these facts, that the restraint chair would have been a reasonable choice to use for Mr. Madrigal, and he told me yes. Deputy McMann later admitted he was shocked when Lieutenant Cedergren did not approve the use of the restraint chair. I asked Deputy McMann if he thought the restraint chair was the best option available to them at the time. Deputy McMann told me he did believe the restraint chair was a viable option, but he also told me if they could have gotten the handcuffs off Mr. Madrigal and allowed him to roam around in the cell, that would also have been another viable option. In addition, Deputy McMann stated, another option would have been to leave Mr. Madrigal in handcuffs and allow him to remain in the cell, with only the handcuffs restraining him. I asked Deputy McMann if he had ever attached ankle restraints to the handcuffs an inmate had been wearing, and he told me no. However, Deputy McMann did tell me he had witnessed deputies attach ankle restraints to an inmate’s handcuffs before, as a temporary means to assist in removing an assaultive inmate’s clothes. I asked Deputy McMann if he had ever been taught to attach ankle restraints to an inmate’s handcuffs before, and he told me no. I asked Deputy McMann if he had ever tethered an inmate to the door before, and he told me no. I asked Deputy McMann if he had ever seen another deputy tether an inmate to the door before, and he told me no. I asked Deputy McMann if he was aware of Lieutenant Cedergren discussing the option of using the restraint chair with anyone, and he told me no. I asked Deputy McMann if he was surprised when Lieutenant Cedergren arrived on scene and did not discuss a plan, nor did he discuss using the restraint chair with anyone. Deputy McMann told me yes, saying this made him feel like there was a lack of direction and, other than Lieutenant Cedergren telling people what to do, there was no real plan in place. Page 26 of 117 Summary of Interview with Deputy Chris Comfort On Monday, December 30, 2019, Deputy Woods and I interviewed Deputy Comfort in the administrative conference room at SRJ. In summary, Deputy Comfort told me the following: On June 10, 2019, Deputy Comfort was working in ITR at SRJ, when Mr. Madrigal was brought into the jail. It was apparent Mr. Madrigal was under the influence of a hallucinogen and he was determined to be an “express.” I asked Deputy Comfort what his opinion of Sergeant Graham was. Deputy Comfort told me both Sergeant Graham and Lieutenant Cedergren had leadership skills he liked. He went on to say Sergeant Graham was a good supervisor to work under – as he was true to his word, he would take care of his troops, and he would keep everyone current on changing policies. I asked Deputy Comfort if Sergeant Graham had good judgment and if people seemed to respect his opinion and he told me yes. Deputy Comfort told me he believed Sergeant Graham was a competent ITR supervisor, with a lot of street smarts. I asked Deputy Comfort what his opinion of Lieutenant Cedergren was. He told me Lieutenant Cedergren was very “book smart” and he had a lot of administrative skills. When I asked Deputy Comfort if he thought Lieutenant Cedergren was a competent ITR Watch Commander, he told me yes; however, he stated while Lieutenant Cedergren had experience in ITR, it was “older” experience. Deputy Comfort added Lieutenant Cedergren’s style was more “hands on” and he chose to get involved physically – as if he were another deputy, as opposed to more of a watch commander / supervisory role. I asked Deputy Comfort if he believed the restraint chair was a reasonable option to use with Mr. Madrigal, based on the facts known to him at the time and he told me yes. Deputy Comfort also confirmed, at the time, he thought the restraint chair was the best option available to them, adding everyone had just been trained on how to use the restraint chair. I asked Deputy Comfort to tell me what Lieutenant Cedergren did when he arrived on scene. Deputy Comfort told me he did not remember Lieutenant Cedergren discussing the benefits or drawbacks of using the restraint chair with anyone. Rather, once Lieutenant Cedergren arrived on scene, he just took over Sergeant Graham’s position, basically pushing him aside and “bullying him” down into a deputy role. I asked Deputy Comfort if he had ever attached ankle restraints to an inmates’ handcuffs before and he told me yes. I asked Deputy Comfort if an inmate had ever resisted being pulled back towards the door for deputies to remove the ankle chains, and he told me yes. I asked Deputy Comfort what was done in that scenario and he told me the deputies simply stopped pulling on the ankle restraint chains and just opened up the door and remedied the situation. I asked Deputy Comfort if he remembered if deputies had to use force against the inmate, in any of those Page 27 of 117 situations. Deputy Comfort told me no, saying when the deputies opened the cell door, the inmate was somewhat pinned against the door and because of this, the inmate was pulled out of the room with the outswing of the door. I asked Deputy Comfort if he ever heard of a situation where an inmate refused to put their hands out through the cuffing port of the door and a deputy left the inmate in the cell with the ankle restraints attached to the inmates’ handcuffs and he told me no. I asked Deputy Comfort if he had ever left an inmate tethered to the door or if he had ever seen another deputy sheriff leave an inmate tethered to the door before and he told me no. I asked Deputy Comfort if he was surprised when he saw Lieutenant Cedergren go “hands on” with the other deputies and he told me no. However, Deputy Comfort did say he thought Lieutenant Cedergren’s role as a lieutenant, should have been in more of a support role for Sergeant Graham. Furthermore, he thought Lieutenant Cedergren’s actions of getting involved, were inappropriate. I told Deputy Comfort in watching the videos, it appeared one or more of the deputies were uncomfortable and/or surprised by what Lieutenant Cedergren was telling them and/or directing them to do. I asked Deputy Comfort if he had any of those same feelings and he told me yes. Deputy Comfort said the team was already “battle tested” and was anticipating using the restraint chair. However, Lieutenant Cedergren took the team in a new direction, which only confused everyone. I asked Deputy Comfort if he knew why Lieutenant Cedergren left Mr. Madrigal tethered to the door with the ankle restraints, instead of going back inside the cell to remove them, and he told me no. He added, if he had to guess, he thought Lieutenant Cedergren did not want to backtrack and change his plan, as he had already decided on that course of action. I asked him if he thought Lieutenant Cedergren left Mr. Madrigal tethered to the door to teach him a lesson for not cooperating and he told me no, saying he thought it was more likely Lieutenant Cedergren did that out of frustration. I asked Deputy Comfort if there was a reason why they could not have opened up the door to Mr. Madrigal’s cell and gone inside, to remove the ankle restraints and then simply laid Mr. Madrigal on the ground and exited the cell. Deputy Comfort told me no, saying Mr. Madrigal was only being passive resistant and going back inside the cell to remedy the situation, was the only solution. I asked Deputy Comfort if he knew Lieutenant Cedergren to do things that would be considered questionable or reckless and he told me no. Page 28 of 117 I asked Deputy Comfort if he was aware of Lieutenant Cedergren approving or denying the use of the restraint chair before and he told me no. I told Deputy Comfort, in watching his BWC video, I saw Lieutenant Cedergren walk over to him, after Mr. Madrigal had been secured in the cell and tethered to the door and make a comment about the restraint chair. I asked Deputy Comfort to tell me what Lieutenant Cedergren said to him. Deputy Comfort told me Lieutenant Cedergren something to the effect of not wanting to use the restraint chair. I asked Deputy Comfort if Lieutenant Cedergren said why he did not want to use the restraint chair. Deputy Comfort told me he could only guess, and he told me he thought Lieutenant Cedergren’s lack of familiarity with the chair was a factor. Deputy Comfort elaborated on this point, by explaining because Lieutenant Cedergren was acting like he was the “tip of the spear,” he was not going to bring in a device he did not know how to operate while he was in charge. Page 29 of 117 Summary of Interview with Deputy Tiffiny Ross On Monday, December 23, 2019, Deputy Woods and I interviewed Deputy Ross in the administrative conference room at SRJ. In summary, Deputy Ross told me the following: On June 10, 2019, Deputy Ross was working in ITR at SRJ, when she was notified Mr. Madrigal had been deemed an “express” and was brought into the jail by Fremont PD. Deputy Ross went outside and saw Mr. Madrigal in the WRAP, in the back of the patrol car. Deputy Ross assisted in carrying Mr. Madrigal into the jail for booking, but he refused to answer the medical questions. Medical staff approved his transfer into jail custody, and Mr. Madrigal was moved into ITR; however, the deputies were unable to get Mr. Madrigal transitioned out of the WRAP, as he resisted their efforts. Deputies requested to use the restraint chair and notified Sergeant Graham, who requested permission from Lieutenant Cedergren. Lieutenant Cedergren came to ITR and told the deputies to take Mr. Madrigal out of the WRAP, as he assisted them in doing so. After partially removing the WRAP from Mr. Madrigal, ankle restraints were attached to Mr. Madrigal’s handcuffs and then fed through the cuffing port and then the remainder of the WRAP was removed. Mr. Madrigal was pushed into the cell and the cell door was closed. However, deputies were unable to pull Mr. Madrigal’s hands back out of the cuffing port. Lieutenant Cedergren used a second pair of handcuffs and attached them to the other end of the ankle restraints and then attached the handcuffs to the door. Deputies started a restraint log and checked on Mr. Madrigal on a regular basis. At some point, Mr. Madrigal maneuvered his handcuffs to the front of his body. After a period of time, Deputy Ross saw Lieutenant Cedergren go check on Mr. Madrigal and he asked Deputy Ross to standby while he opened the door. Deputy Ross asked Lieutenant Cedergren if Mr. Madrigal had strangled himself and he told her no, he did not think so. However, after Lieutenant Cedergren opened the door and stepped back, she could see the chain of the ankle restraints was wrapped around Mr. Madrigal’s neck. Deputy Rhoades came over and assisted Deputy Ross and Lieutenant Cedergren in removing the chain from around Mr. Madrigal’s neck. I asked Deputy Ross what her opinion of Sergeant Graham was, and she told me he was a good supervisor. However, she stated sometimes it seemed like he had “one foot out the door” and as a result, he did not provide the level of leadership they desired. I asked Deputy Ross what her opinion of Lieutenant Cedergren was and she told me she had not really worked with him. She stated she thought he was always very approachable, and she did not have any issues with him. However, she told me that when Lieutenant Cedergren came to ITR, about 2-3 weeks prior to this incident, he did not try to understand why the deputies did certain things. Instead, Lieutenant Cedergren just tried to change everything – which frustrated and annoyed her and many of the other deputies in ITR. Deputy Ross elaborated on her point and Page 30 of 117 said Lieutenant Cedergren would oftentimes make changes, but he would never take the time to explain why he wanted to make the changes, leaving the deputies to guess his reasoning. I asked Deputy Ross if anyone ever voiced any concerns over this to Lieutenant Cedergren. Deputy Ross told me she and the other deputies talked to Sergeant Graham about it, but because he was not fully involved at work anymore, she did not know if he ever made Lieutenant Cedergren aware of their concerns. Deputy Ross added she personally never talked to Lieutenant Cedergren about this, as she would never question a lieutenant directly. I asked Deputy Ross if she thought Lieutenant Cedergren had the respect of the deputies in ITR. Deputy Ross told me she respected him when he worked on the security side of the jail. However, Deputy Ross stated the way Lieutenant Cedergren handled this situation and other things when he first came to ITR – like telling her and the other deputies how to do their job, made it difficult to say if she respected him or not. Deputy Ross confirmed she thought Lieutenant Cedergren would try and tell them what to do, when he did not have the requisite knowledge to legitimize this. I asked Deputy Ross to estimate how competent Lieutenant Cedergren was as an ITR supervisor. Deputy Ross told me on a 1-10 scale (1 – being totally incompetent and 10 – being extremely competent), she would rate him at a 3 or a 4. I asked Deputy Ross what her understanding of an “express” was. She told me this was typically someone that was combative, non-compliant, or uncooperative. When Deputy Ross heard Mr. Madrigal was an “express” and she saw he was in the WRAP, she confirmed she suspected Mr. Madrigal was non-cooperative and/or combative. However, Deputy Ross added she would generally make that final determination after the inmate was brought into the lobby. I asked Deputy Ross if it would be rational to conclude, based on these facts, the restraint chair would have been a reasonable choice to use to restrain Mr. Madrigal and she told me yes, saying she thought the restraint chair was the best option available to them at the time. Deputy Ross confirmed she and all the other deputies on scene wanted to use the restraint chair and Sergeant Graham was made aware of this. I asked Deputy Ross if she had ever attached ankle restraints to the handcuffs an inmate had been wearing and she told me yes. Deputy Ross stated ITR deputies had used this technique many times in the past, to remove a combative inmates’ handcuffs and avoid injury. Deputy Ross told me this technique was successful about 90% of the time. However, she stated when the technique was not successful, the deputies would always go back inside the cell to remove the ankle restraints from the handcuffs. I asked Deputy Ross if she had ever tethered an inmate to the door before or if she had ever seen another deputy sheriff tether an inmate to the door before and she told me no. I asked Deputy Page 31 of 117 Ross if she was surprised when she saw Lieutenant Cedergren arrive on scene and then go “hands on” with her and the other deputies. Deputy Ross told me yes, saying she did not think Lieutenant Cedergren took the time he needed to, to understand what they were doing. I asked Deputy Ross if she knew why Lieutenant Cedergren left Mr. Madrigal tethered to the door with the ankle restraints, instead of going back inside the cell to remove them. Deputy Ross told me she thought he may have done so to avoid a use of force and to let Mr. Madrigal “cool off.” Deputy Ross told me she did not know if Lieutenant Cedergren’s intent was to teach Mr. Madrigal a lesson, but she stated it was possibly more likely Lieutenant Cedergren just did not know what else to do. I asked Deputy Ross if Lieutenant Cedergren was known to do things that were questionable or reckless. She told me yes, but only in this particular incident involving Mr. Madrigal. I asked Deputy Ross if she ever heard Lieutenant Cedergren discuss using the restraint chair with anyone, after he arrived on scene, and she told me no. I asked her if she was aware of Lieutenant Cedergren ever approving or denying the use of the restraint chair and she told me no. I asked Deputy Ross if she had recently been trained on the restraint chair and she told me yes, saying she and the other deputies had just been trained at the June range. Also, Deputy Ross added her, and the other deputies had recently received additional familiarization/training on the restraint chair in ITR. She explained this was done in preparation for inmates who refuse to go to court. I asked Deputy Ross if Lieutenant Cedergren ever told them what the plan was, once the inmate had been taken out of the WRAP and she told me no, saying Lieutenant Cedergren only directed them on what to do. I asked Deputy Ross if Lieutenant Cedergren ever discussed a plan with anyone, and she told me no. I asked her if she thought that was odd and she told me yes. I asked Deputy Ross if she would have expected her supervisor to tell her a plan and not to just “jump in” and she told me yes. I asked Deputy Ross if there was ever a reason to be concerned if an inmate maneuvered his handcuffs to the front of his body. Deputy Ross told me yes, saying the inmate would then have access to a weapon and could wrap their arms around someone and/or choke someone. I asked Deputy Ross what made her consider the possibility Mr. Madrigal was strangling himself and she told me she saw the tension on the ankle restraints and her intuition told her there was a problem. After the incident was over, I asked Deputy Ross if she remembered anyone being upset and/or making comments about why the restraint chair was not utilized. Deputy Ross told me yes, saying she remembered everyone was pretty upset about it. Deputy Ross also confirmed Sergeant Page 32 of 117 Graham was baffled and appeared to have been confused as to why Lieutenant Cedergren had not approved the use of the restraint chair. I asked Deputy Ross if, based on the totality of the circumstances, this was the ideal situation to have used the restraint chair and she told me, “absolutely.” Deputy Ross added she thought it was a poor decision to not use the restraint chair for this incident. Page 33 of 117 Summary of Interview with Sergeant Johnnie Graham On Saturday, January 11, 2020, Captain Christy and I interviewed Sergeant Graham in the commander’s meeting room at Dublin Police Services (DPS). In summary, Sergeant Graham told me the following: On June 10, 2019, Sergeant Graham was working in ITR at SRJ, when he was summoned to the law enforcement lobby for an “express.” Sergeant Graham responded and saw several ACSO deputies outside at Fremont PD’s patrol vehicle. Sergeant Graham spoke with Fremont PD and they told him they had already dealt with Mr. Madrigal several times that day and he had been combative, and they believed he was also under the influence of mushrooms. Mr. Madrigal was wearing a spit mask and he had already been restrained in the WRAP. Sergeant Graham saw that once Mr. Madrigal was removed from the patrol vehicle he was agitated and uncooperative and he did not seem to understand their directions. All attempts to calm Mr. Madrigal down were unsuccessful. Sergeant Graham decided to bring Mr. Madrigal into ITR, under the established procedures for an “express.” Jail staff brought Mr. Madrigal into ITR and placed him inside a cell. Sergeant Graham told me an “express” is the term given to an arrestee who is generally agitated, intoxicated, non-cooperative, or difficult, which also necessitated additional deputies respond and standby for assistance. I asked Sergeant Graham if he thought the restraint chair was a good option to use with Mr. Madrigal. Sergeant Graham told me he thought the possibility of transitioning Mr. Madrigal out of Fremont PD’s WRAP and into an ACSO WRAP was a possibility, but he stated his understanding was the department wanted to move away from the WRAP toward the implementation of the restraint chair. To bolster this belief, Sergeant Graham added this was why they were sent to training for the restraint chair, why they had trained on the restraint chair at the range, why they watched videos on how to use the restraint chair in muster, and why he and his deputies in ITR practiced the application of the restraint chair. Sergeant Graham confirmed he believed, at that time, the restraint chair was the best option with Mr. Madrigal. Captain Christy asked Sergeant Graham if he had used the restraint chair before and he told us yes, saying he was present when the restraint chair had been used on a prior application and he was comfortable in using it. Sergeant Graham also confirmed he understood how the restraint chair worked and he was familiar with the polices surrounding the use of the restraint chair. I asked Sergeant Graham if he had significant experience working in ITR as a supervisor and he told me yes. Sergeant Graham told me he was the most senior supervisor in ITR, and he had worked in ITR as a supervisor for about three and a half (3.5) years. Page 34 of 117 Sergeant Graham told me he felt confident in dealing with Mr. Madrigal, based on his past experience, as he had dealt with hundreds of non-cooperative arrestees that needed to be booked into ITR. He stated on a historical average, there were 3 to 5 “express” inmates brought to SRJ each week, week after week, year after year, with some type of mental impairment. I asked Sergeant Graham if he had ever attached ankle restraints to an inmate’s handcuffs before and he told me yes. Sergeant Graham said he would do this to pull an inmate against the door to remove the inmate’s handcuffs. Sergeant Graham also stated he saw deputies attach ankle restraints to an inmate’s handcuffs, feed the ankle restraints through the cuffing port, and attach the other end of the ankle restraints to the exterior door handle, but only as a temporary means to prevent the inmate from overpowering the deputy and pulling their hands into the cell through the cuffing port. Sergeant Graham confirmed this technique was shown to Defensive Tactics instructors who approved the use of it, for a temporary measure to prevent deputies from getting hurt. I asked Sergeant Graham if he had ever tethered an inmate to the door or saw another deputy sheriff tether an inmate to the door before and he told me no. I asked Sergeant Graham if, once Lieutenant Cedergren arrived on scene, Lieutenant Cedergren ever discussed Mr. Madrigal’s history with him and the options available to restrain Mr. Madrigal. Sergeant Graham told me yes, but he stated this was only a very brief conversation, as Lieutenant Cedergren was walking while Sergeant Graham was talking to him. I asked Sergeant Graham if he was surprised when Lieutenant Cedergren just walked past him and went over to the other deputies. Sergeant Graham stated he had worked extensively with Lieutenant Cedergren in the past, from when they worked together as deputies and sergeants and he thought he had a good grasp of Lieutenant Cedergren’s working style. In answer to my question, Sergeant Graham told me he no, he was not surprised when Lieutenant Cedergren arrived on scene and took over, as he knew Lieutenant Cedergren to be “hands on.” I asked Sergeant Graham if he thought Lieutenant Cedergren acted in a dismissive manner towards him, when he arrived on scene. Sergeant Graham told me he was not surprised that Lieutenant Cedergren treated him that way. Sergeant Graham told me he had received several complaints from his staff and the other ITR sergeants, on some of the other teams, about Lieutenant Cedergren over the last month. Sergeant Graham said he met with Lieutenant Cedergren to go over his concerns and he left that meeting feeling like Lieutenant Cedergren was not receptive to what he was talking about. Sergeant Graham elaborated on this point by saying over the 4-6 weeks that Lieutenant Cedergren had been working in ITR, they had significant staffing issues as it pertained to the ITR lieutenant and he informally brought those concerns up to Lieutenant Jared Hattaway and Captain Derek Hesselein. Furthermore, Sergeant Graham told them Lieutenant Cedergren was doing things in front of the ITR deputies he did not want them Page 35 of 117 seeing, as he believed Lieutenant Cedergren was not doing things properly and he did not want his deputies learning the wrong way to do things. Sergeant Graham clarified his response and said he never directly confronted Lieutenant Cedergren over the things Lieutenant Cedergren was doing he did not agree with. Sergeant Graham said he just tried to manage the best he could without being confrontational, as Sergeant Graham was afraid of what he would say to Lieutenant Cedergren. However, this also meant several times he and Lieutenant Cedergren would work an entire shift together and they would not even speak to each other. I asked Sergeant Graham how he felt when Lieutenant Cedergren did not respond to ITR after the first time he contacted him on the radio, and he told me he felt like Lieutenant Cedergren was “second guessing” him. Sergeant Graham added, he was expecting Lieutenant Cedergren to grant him permission to use the restraint chair over the air and then respond to monitor the event. When Lieutenant Cedergren did not respond over the radio granting verbal approval, Sergeant Graham became frustrated with the delay and then as time progressed, he felt disrespected. Sergeant Graham added that time delay for Lieutenant Cedergren’s response was significant, as they were dealing with Mr. Madrigal and everyone was just waiting for Lieutenant Cedergren to show up. As an ITR supervisor, Sergeant Graham estimated in the past, he has requested permission to use the WRAP about twenty times and every time he would get a verbal approval on the radio. Then, depending on what was going on at the jail, the approving lieutenant would sometimes respond to ITR, to monitor the event. Sergeant Graham said this was the first time he had to ask Lieutenant Cedergren for approval for a restraint device, as he had always gone through the watch commander for SRJ, in the past. I asked Sergeant Graham how it made him feel when Lieutenant Cedergren arrived in ITR, but did not even stop walking, to get his opinion on how they should handle Mr. Madrigal. Sergeant Graham said he was not surprised Lieutenant Cedergren was not fully interested in listening to his plan or his observations of Mr. Madrigal. At this point, Sergeant Graham stated he allowed Lieutenant Cedergren to take over, as he recognized the need to follow the chain of command and he did not challenge Lieutenant Cedergren, as he did not want to get in a confrontation with him. Sergeant Graham stated he later regretted this decision to not speak up and he wished he had voiced his objection and “stood up” more, for his plan on how he thought Mr. Madrigal should have been handled. Sergeant Graham tried to provide Lieutenant Cedergren with as much detail, as fast as he could, by saying Mr. Madrigal was “high,” officers from Fremont PD thought Mr. Madrigal was under the influence of mushrooms, Mr. Madrigal had been uncooperative with ACSO staff and he Page 36 of 117 thought if they took Mr. Madrigal out of the WRAP he was going to fight with them, and he wanted to use the restraint chair. Sergeant Graham stated he thought he made a good assessment of what was going on and he had a plan in place and he admitted he was upset when Lieutenant Cedergren did not grant him the approval to place Mr. Madrigal in the WRAP. Sergeant Graham told us Lieutenant Cedergren had accused him of being weak, as Lieutenant Cedergren told him he was not as “hands on” as Lieutenant Cedergren would have liked him to have been. Sergeant Graham explained he preferred not to get directly involved in events, but rather to stand back and watch more in a supervisory / manager role, so he could prevent getting so involved, his judgement would become clouded by his personal feelings. I asked Sergeant Graham if he thought Lieutenant Cedergren had the respect of the ITR deputies. Sergeant Graham told me Lieutenant Cedergren did not have a good working relationship with the ITR deputies, which was evident to him by the statements several ITR deputies made to him about Lieutenant Cedergren doing things that made their jobs harder. Sergeant Graham told me Lieutenant Cedergren’s knowledge of certain polices was not current and he was doing things improperly. In regard to the event with Mr. Madrigal, Sergeant Graham said he could tell several of the deputies were not happy with the directions Lieutenant Cedergren was giving them, as they would roll their eyes after Lieutenant Cedergren told them what to do or they would look at Sergeant Graham. Sergeant Graham admitted this was the point where he felt like he was weak and he should have done something, but instead he just allowed Lieutenant Cedergren to control the event, as Lieutenant Cedergren outranked him. I asked Sergeant Graham if he knew why Lieutenant Cedergren left Mr. Madrigal tethered to the cell door and he told me no, but he guessed that Lieutenant Cedergren did that planning to “wait him (Mr. Madrigal) out.” I asked Sergeant Graham if it would have been reasonable to go back inside the cell to remove the ankle restraints from Mr. Madrigal’s handcuffs and he told me yes. Sergeant Graham stated, that in his opinion, he saw that as the only option once they were unable to remove the ankle restraints from Mr. Madrigal’s handcuffs. I asked Sergeant Graham if he thought it was reasonable for Lieutenant Cedergren to tether Mr. Madrigal to the door and he told me he thought Lieutenant Cedergren must have thought it was reasonable. I asked Sergeant Graham if he would have allowed a deputy to tether an inmate to the door with ankle chains and he told me no, saying he would never tether an inmate to the door with ankle chains, either. Sergeant Graham told me he had approached Lieutenant Cedergren right after Mr. Madrigal had been secured in the cell and then tethered to the door, because he was frustrated the restraint Page 37 of 117 chair was not used. Sergeant Graham said he told Lieutenant Cedergren he understood Lieutenant Cedergren did not want to use the restraint chair, but he asked him why he did not grant the approval to use it. Lieutenant Cedergren told him command staff did not want him using the chair, because staff was not familiar enough with it and staff did not understand the purpose of it. Sergeant Graham clarified his statement by saying Lieutenant Cedergren told him the reason he did not grant permission for Sergeant Graham to use the restraint chair was because “the Captain” did not want them using the chair in ITR. Lieutenant Cedergren told him there was an incident with the restraint chair the previous night, the restraint chair was not fully implemented, and policy regarding the restraint chair was still being worked on. Within a couple days of Lieutenant Cedergren telling Sergeant Graham this, Sergeant Graham contacted Captain Hesselein, because he knew Captain Hesselein was responsible for obtaining the restraint chair. Sergeant Graham asked Captain Hesselein if he gave explicit directions not to use the chair and he said, “What are you talking about? I’m the one that got the chair.” Captain Hesselein confirmed to Sergeant Graham, he had no knowledge of any orders or policies prohibiting the use of the restraint chair. Sergeant Graham added he did not believe there ever was any orders from management, prohibiting the use of the restraint chair. Rather, he thought Lieutenant Cedergren was simply not familiar enough with how the chair worked and did not want to use the restraint chair for that reason. I asked Sergeant Graham if he thought Lieutenant Cedergren left Mr. Madrigal tethered to the door as a form of punishment for not cooperating. Sergeant Graham told me no, saying he never heard Lieutenant Cedergren say anything that would have led him to believe that. I asked Sergeant Graham if he knew Mr. Madrigal had maneuvered his handcuffs to the front of his body and he told me yes. I asked Sergeant Graham if this concerned him and he told me no. Sergeant Graham stated he was most concerned with trying to get Mr. Madrigal to comply and allow the handcuffs to be removed. Page 38 of 117 Summary of Interview with Sergeant Kevin Estep On Friday, February 14, 2020, Deputy Lonnell Goodall and I interviewed Sergeant Estep in an interview room inside the Special Victim’s Unit (SVU), out of the Eden Township Substation (ETS), located at 15001 Foothill Blvd, San Leandro. In summary, Sergeant Estep told me the following: On June 10, 2019, about 1630 hours, Sergeant Estep reported to SRJ to work an overtime shift in ITR as the ITR Sergeant. Sergeant Estep spoke with Sergeant Graham, who told him how Mr. Madrigal had been placed in a cell, tethered to the door. Sergeant Estep remembered Sergeant Graham was very upset, as Sergeant Graham told him he got into a disagreement with Lieutenant Cedergren about how Mr. Madrigal should have been restrained and dealt with in ITR. Sergeant Graham stated he thought Mr. Madrigal should have been restrained in the restraint chair, but Lieutenant Cedergren did not agree with him. Sergeant Estep went and checked on Mr. Madrigal in the cell and then he went to the 1700-hour muster. Sergeant Estep contacted one of his ITR deputies and told him after muster had concluded, Sergeant Estep wanted the deputy to go contact Mr. Madrigal and talk to him, so he could get him out of the restraints and properly booked. However, about one minute later, the call went out for medical assistance and he learned Mr. Madrigal needed immediate medical attention. I asked Sergeant Estep if he knew why Lieutenant Cedergren did not approve Mr. Madrigal to be placed in the restraint chair and he told me no. However, he stated when he had a conversation with Lieutenant Cedergren, he made a reference to the restraint chair and Lieutenant Cedergren told him how in the “old days,” he (Lieutenant Cedergren) used to always handcuff people in that manner and he did not think the restraint chair was necessary and/or he did not want to use the restraint chair. Sergeant Estep confirmed Lieutenant Cedergren told him Mr. Madrigal had been handcuffed behind his back and then an ankle chain was attached to the handcuffs and the other end of the ankle restraints were attached to the door. I asked Sergeant Estep if Lieutenant Cedergren appeared concerned at all, when Lieutenant Cedergren explained how he had restrained Mr. Madrigal, and he told me no. I asked Sergeant Estep if he was aware of any problems with the restraint chair or any issues that would have prohibited using the restraint chair at the time of this incident and he told me no. I asked Sergeant Estep if he had ever tethered an inmate to the door with ankle restraints before or if he had ever seen anyone else tether an inmate to the door before and he told me no. Page 39 of 117 I asked Sergeant Estep if it was his understanding Lieutenant Cedergren would have the final say as to how they handled Mr. Madrigal, based on the fact Lieutenant Cedergren was the ITR Watch Commander and he told me yes. I asked Sergeant Estep if he saw any reason why the deputies could not have gone back into the cell to retrieve the ankle chains, once Mr. Madrigal refused to cooperate and allow himself to be uncuffed. Sergeant Estep told me he thought there was a hesitancy for deputies to go back inside a cell with an inmate that may be hostile and supposed that may have been a factor; however, he added if that was a concern, a Resistive Inmate Management (RIM) team could have been assembled to enter Mr. Madrigal’s cell to limit the chance of injury. I asked Sergeant Estep if Mr. Madrigal was only being passively resistant, if there would still be any concerns and he told me no. Sergeant Estep stated in that scenario, several deputies could enter the cell and place Mr. Madrigal face down on the ground and then remove the restraints, before backing out of the cell. I asked Sergeant Estep what his opinion of Sergeant Graham was, and he told me he thought Sergeant Graham was a hard worker and a competent ITR supervisor. I asked Sergeant Estep what his opinion of Lieutenant Cedergren was and he told me he did not know him well enough to offer an opinion of him. However, Sergeant Estep did state he heard several deputies complaining about how Lieutenant Cedergren was doing things that were out of policy, by moving multiple maximum-security inmates and administrative segregation inmates by himself. I provided Sergeant Estep with the details surrounding Mr. Madrigal being brought into custody at SRJ. I asked Sergeant Estep if, based on these facts, he thought the restraint chair was a reasonable option to use and he told me yes. I asked Sergeant Estep if he could think of a better option and he told me no. Sergeant Estep added this scenario was what the restraint chair was designed for and everyone had just been trained on it. Page 40 of 117 Summary of Interview with Deputy Nikki Rhoades On Tuesday, February 11, 2020, Deputy Luis Martinez and I interviewed Deputy Rhoades in the conference room at YFSB, out of ETS. In summary, Deputy Rhoades told me the following: On June 10, 2019, Deputy Rhoades was working in ITR at SRJ, when Mr. Madrigal was brought into the jail by Fremont PD. Fremont PD officers told her Mr. Madrigal was possibly under the influence of a hallucinogen and he had assaulted their staff; she saw Mr. Madrigal had already been restrained in the WRAP. Deputy Rhoades and several other ACSO deputies brought Mr. Madrigal into ITR to transition him out of the WRAP and into the restraint chair. Deputies advised Sergeant Graham of their intention to use the restraint chair and he notified Lieutenant Cedergren to get Watch Commander approval. However, when Lieutenant Cedergren arrived, he advised them he was not going to allow them to use the restraint chair and he instructed them to remove Mr. Madrigal from the WRAP. Deputy Rhoades and several other deputies began to do so. Lieutenant Cedergren placed ankle restraints around Mr. Madrigal’s handcuffs and pulled the chains through the cell door’s cuffing port. Deputies finished removing the WRAP off Mr. Madrigal and then searched him. Once Mr. Madrigal was inside the cell, deputies closed the door and attempted to pull Mr. Madrigal’s hands to the cuffing port, by pulling on the ankle restraints that were attached to his handcuffs. However, Mr. Madrigal refused to comply with their instructions, and this attempt to remove the ankle chains from Mr. Madrigal’s handcuffs was unsuccessful. Lieutenant Cedergren took another pair of handcuffs and attached them to the other end of the ankle restraints and attached them to the door. Lieutenant Cedergren told the deputies to start a restraint log, which they did. Deputies monitored Mr. Madrigal and continued to make attempts to gain Mr. Madrigal’s cooperation, but these attempts were also unsuccessful. I asked Deputy Rhoades what her opinion of Sergeant Graham was, and she told me he was a good sergeant, who took care of his staff, and was willing to help when deputies needed him. However, she did say Sergeant Graham was a little “checked out,” and not fully involved at work. Deputy Rhoades provided me an example of this, by telling me Sergeant Graham would neglect to fill unfilled positions in ITR, even when deputies would call in to offer to work the vacant positions on overtime. I asked Deputy Rhoades if Sergeant Graham was a competent ITR supervisor, who knew what the proper ITR procedures were and how to handle significant incidents. Deputy Rhoades told me, “absolutely.” I asked Deputy Rhoades what her opinion of Lieutenant Cedergren was and she told me there was a lot of tension as soon as Lieutenant Cedergren started working in ITR. She stated her and many of the other deputies thought Lieutenant Cedergren was “too involved” as a lieutenant, saying when he first got to ITR he never took the time to “step back” and understand how things worked. Page 41 of 117 Deputy Rhoades added Lieutenant Cedergren would also “do things,” without letting the deputies in ITR know – as if he was trying to be more of a line deputy, than a supervisor. Deputy Rhoades elaborated on her point, by telling me Lieutenant Cedergren would often just go out and move inmates out of the holding tanks and then to the back of ITR or even out of ITR completely, to various housing units. Deputy Rhoades stated Lieutenant Cedergren probably thought he was helping them, but when he did not check with the ITR deputies or even let them know what he was doing, it would throw them off. Deputy Rhoades explained when Lieutenant Cedergren came to ITR, he would just jump in and try and make changes, when many of the deputies thought he did not even understand what was happening. Lastly, Lieutenant Cedergren had told them he planned on making a bunch of changes in the next few weeks, which Deputy Rhoades suspected was not going to be helpful. Deputy Rhoades said the general consensus among her and several of the other ITR deputies was that if Lieutenant Cedergren remained in ITR, they were going to transfer out of ITR and back to the security side of SRJ. I asked Deputy Rhoades if she thought Lieutenant Cedergren had the respect of the deputies in ITR and she told me no. Deputy Rhoades confirmed she thought Lieutenant Cedergren wanted to be proactive, but he failed to take the necessary time to understand how ITR ran, before he acted. I asked Deputy Rhoades what her understanding of an “express” was and she told me this was typically someone that was non-cooperative and actively combative (kicking, spitting, etc...) or already in a WRAP. Deputy Rhoades explained the ITR deputies would generally process that arrestee into custody and then place him in a holding cell, as quickly as possible. When Deputy Rhoades heard Mr. Madrigal was an “express” and she saw he was in the WRAP, she confirmed she suspected Mr. Madrigal was non-cooperative and/or combative. I asked Deputy Rhoades if it would have been sensible to conclude, based on these facts, the restraint chair would have been a reasonable choice to use to restrain Mr. Madrigal and she told me yes, saying she thought that was the best option available to them at the time. I asked Deputy Rhoades if she had ever attached ankle restraints to the handcuffs an inmate had been wearing before and she told me no. However, Deputy Rhoades stated she had seen deputies use this technique, to remove handcuffs from a semi-combative inmate, to avoid injury. I asked Deputy Rhoades if she had ever tethered an inmate to the door before or if she had ever seen another deputy sheriff tether an inmate to the door before and she told me no. I asked Deputy Rhoades if she was surprised when she saw Lieutenant Cedergren arrive on scene and then go “hands on” with her and the other deputies. Deputy Rhoades told me no, saying she knew his reputation of wanting to be involved. Page 42 of 117 I showed Deputy Rhoades an approximate ten second clip (18:40 mark) of Sergeant Graham’s BWC video, that captured her facial expression – when Lieutenant Cedergren was telling her and the other deputies what to do. I told Deputy Rhoades it appeared to me, she was skeptical of Lieutenant Cedergren’s instructions and I asked her if this was an accurate assessment. After Deputy Rhoades viewed the video, she told me they had pre-staged the restraint chair, the deputies and Sergeant Graham had devised an entire plan on how to transition Mr. Madrigal from the WRAP into the restraint chair, and they had already designated a safety officer, when Lieutenant Cedergren arrived on scene and told them they could not use the restraint chair. Deputy Rhoades told me she was in disbelief, as she was thinking to herself, they had all just been trained on the restraint chair and it was readily available, so she could not understand how they were not going to use it. Deputy Rhoades told me at the moment her facial expression changed, Lieutenant Cedergren had just attached the ankle restraints to Mr. Madrigal’s handcuffs and she thought to herself, “Okay, now what are we doing?” Deputy Rhoades told me my suspicion, that she was incredulous about what Lieutenant Cedergren was doing and telling them to do, was correct. I asked Deputy Rhoades if there was a reason she did not speak up and she told me yes, saying she understood her role as a deputy in the chain of command, and she added she also did not fully understand where the situation was going. Deputy Rhoades told me Sergeant Graham had explained to them the reason they were not given authorization to use the restraint chair, was because Lieutenant Cedergren told him there had been issues with the restraint chair the last time it was used, as it had been used improperly and there were numerous administrative issues with the chair. I asked Deputy Rhoades if she knew why Lieutenant Cedergren left Mr. Madrigal tethered to the door with the ankle restraints, instead of going back inside the cell to remove them. Deputy Rhoades told me she actually talked to a couple of the deputies, who also had that same question. She stated there were six to seven deputies and even if Mr. Madrigal became combative and attempted to assault them, they would have been able to gain control over him and remove the ankle restraints. Deputy Rhoades even went so far as to say she remembered when they removed Mr. Madrigal from the WRAP, he was not trying to kick them, as he was just being passively non-compliant. I asked Deputy Rhoades why she thought Lieutenant Cedergren left Mr. Madrigal tethered to the door and she told me she was unsure, but stated she remembered Lieutenant Cedergren saying, “He can just stay like that.” I asked Deputy Rhoades if she thought he left Mr. Madrigal tethered to the door to teach him a lesson. Deputy Rhoades told me maybe, but she also told me she thought it might just have been an “old school way” of how Lieutenant Cedergren used to do it, or it could have just been what he thought was the best solution at the time – in hopes of not risking an injury to the ITR deputies. Page 43 of 117 I asked Deputy Rhoades if she thought Lieutenant Cedergren was known to do things that were questionable or reckless. She told me yes, in this particular incident. However, Deputy Rhoades also told me she heard about him still being involved, as a lieutenant, in “use of force” incidents with inmates and actively participating in shakedowns, which she thought showed questionable judgment. I asked Deputy Rhoades if she ever heard Lieutenant Cedergren discuss using the restraint chair with anyone, after he arrived on scene, and she told me no. I asked her if she was surprised when Lieutenant Cedergren did not approve the restraint chair and she told me yes. I asked her if all the deputies seemed surprised when Lieutenant Cedergren did not approve the restraint chair and she told me yes. I asked Deputy Rhoades if she was aware of Lieutenant Cedergren ever approving or denying the use of the restraint chair and she told me no. I asked Deputy Rhoades if she had recently been trained on the restraint chair and she told me yes, saying she and the other deputies had just been trained at the June range. I told Deputy Rhoades I wanted to talk to her about when she went over to Mr. Madrigal’s cell, when Lieutenant Cedergren and Deputy Ross discovered Mr. Madrigal unresponsive. I asked Deputy Rhoades what Lieutenant Cedergren’s demeanor was, when he opened the cell door and discovered Mr. Madrigal had wrapped the ankle restraint chain around his neck and appeared to have strangled himself. Deputy Rhoades told me Lieutenant Cedergren appeared to be in a panic, as he exclaimed the word “fuck.” Deputy Rhoades told me everyone attempted to remove the chain from around Mr. Madrigal’s neck and after doing so, they laid Mr. Madrigal down on the ground, when Lieutenant Cedergren let loose with a plethora of “fucks.” Deputy Rhoades told me she understood Lieutenant Cedergren’s panicked response to mean he realized he had made an extreme error, which resulted in the worst-case scenario. I asked Deputy Rhoades if Lieutenant Cedergren ever talked to the ITR deputies about a plan. Deputy Rhoades told me no, saying Lieutenant Cedergren just walked over and “jumped right in” and started dictating what he wanted the deputies to do. Deputy Rhoades told me at some point, Mr. Madrigal had maneuvered his handcuffs from behind his back to the front of his body, which now created a significant amount of slack in the ankle restraints. She told me she knew Lieutenant Cedergren had been advised of this, because of the possible risks of what Mr. Madrigal could do now that there was slack in the chains. Deputy Rhoades told me she was unable to remember who told Lieutenant Cedergren about this updated information. Page 44 of 117 Deputy Rhoades stated this slack in the chain of the ankle restraints now created more of a danger to her and the other deputies, because Mr. Madrigal had more freedom to move around. Deputy Rhoades stated there was additional talk amongst the deputies about the possibility of going back inside Mr. Madrigal’s cell, because of this newfound risk; however, this did not happen. Page 45 of 117 Summary of Interview with Lieutenant Justin McComas On Wednesday, March 11, 2020, Captain Christy and I interviewed Lieutenant McComas in a makeshift office at his personal residence in Tracy, CA. In summary, Lieutenant McComas told me the following: On June 10, 2019, Lieutenant McComas was working as the Watch Commander at SRJ, when he responded to ITR for an “express.” Lieutenant McComas stated he heard Sergeant Graham ask Lieutenant Cedergren for permission to use the restraint chair, which everyone had just recently been trained on. Lieutenant McComas told me he responded to ITR to watch the application of the restraint chair. Upon Lieutenant McComas’ arrival, he heard a discussion between Lieutenant Cedergren and Sergeant Graham about the decision of using the restraint chair or an alternate restraint option. Lieutenant McComas remembered there were concerns, because Mr. Madrigal was under the influence of a hallucinogen and they were unsure how violent he was going to be, and they needed to keep Mr. Madrigal safe and prevent him from assaulting staff. I asked Lieutenant McComas what his understanding of an “express” was. Lieutenant McComas told me this was someone who was non-cooperative, assaultive and/or combative, or under the influence of drugs, necessitating additional deputies to assist in booking the arrestee. I asked Lieutenant McComas if he suspected Mr. Madrigal was non-cooperative and possibly combative, when he heard he was an “express,” and he told me yes. I asked Lieutenant McComas if Lieutenant Cedergren was with him when he heard Sergeant Graham ask Lieutenant Cedergren for approval to use the restraint chair on the radio. Lieutenant McComas stated he remembered Lieutenant Cedergren walking past his office, when he responded to ITR, but he could not remember if they responded to ITR together. I asked Lieutenant McComas if he and Lieutenant Cedergren talked about this incident. Lieutenant McComas told me he did not specifically remember them speaking about this incident, before they arrived in ITR. After Lieutenant McComas arrived in ITR, he saw Mr. Madrigal wearing a spit mask and restrained in the WRAP device, which further emphasized his belief Mr. Madrigal was noncooperative and possibly combative. I asked Lieutenant McComas if it would be realistic to assume, based on these facts, the restraint chair would have been a reasonable choice to use to restrain Mr. Madrigal and he told me yes. After deputies began to remove Mr. Madrigal from the WRAP and the ankle restraints had been applied to Mr. Madrigal’s handcuffs, they were fed through the cuffing port. At this point, Page 46 of 117 Lieutenant McComas told me he was surprised when Lieutenant Cedergren did not grant approval for Mr. Madrigal to be restrained in the restraint chair. Lieutenant McComas told me he talked to Lieutenant Cedergren about the change in restraints Lieutenant Cedergren chose to use. Lieutenant Cedergren justified his decision to not use the restraint chair, by telling him something to the effect of, “We’re not using it now, because someone used it incorrectly and management doesn’t want us using it until everyone can get retrained.” Lieutenant McComas confirmed he was never told this information by anyone in management. Lieutenant McComas told me his understanding of the situation was Sergeant Graham had already made the decision to restrain Mr. Madrigal in the restraint chair and he was just asking Lieutenant Cedergren for his approval, as it was a required formality. Lieutenant McComas confirmed based on the facts known to him at the time, the restraint chair was not only the best option available to them, but this was the ideal situation for the restraint chair. I asked Lieutenant McComas if he had ever attached ankle restraints to the handcuffs an inmate had been wearing before, to pull the inmate against the door to search him and he told me no. However, Lieutenant McComas did say he had seen it done before, but only for that specific purpose – as a temporary restraint. Lieutenant McComas told me it was his understanding this was a technique that had been used, but not one that had been taught in any type of formalized training. I asked Lieutenant McComas if he had ever tethered an inmate to the door before or if he had ever seen anyone else do that before and he told me no, not that he could recall. Lieutenant McComas told me, from what he remembered, he saw several of the deputies had a look of confusion on their faces. The deputies appeared to have been very hesitant to cooperate with Lieutenant Cedergren’s direction of what he was telling them to do and the strange method of restraint he had chosen. After Lieutenant Cedergren tethered Mr. Madrigal to the door and walked away from the cell, Lieutenant McComas told me he followed Lieutenant Cedergren down the hall and stopped him. Lieutenant McComas spoke to Lieutenant Cedergren and confirmed he was going to initiate a restraint log and he asked Lieutenant Cedergren how long he was going to have Mr. Madrigal in the cell. Lieutenant McComas stated he reiterated to Lieutenant Cedergren the restraint chair was not only right next to Mr. Madrigal’s cell, but it was ready to be used. In addition, Lieutenant McComas also told Lieutenant Cedergren the restraint chair was the better option to use to restrain Mr. Madrigal. Lieutenant Cedergren told him, “I’ve done this a hundred times before. It’s not a problem. I’ll take, I’ll take responsibility for it.” Lieutenant McComas told him okay Page 47 of 117 and added he was not comfortable with not using the restraint chair, as they had just received training on it. Lieutenant McComas confirmed this conversation was significant, which caused it to stand out in his mind. I asked Lieutenant McComas if he ever saw Mr. Madrigal acting combative or assaultive or if Mr. Madrigal was being more non-cooperative, in a passive resistant manner. Lieutenant McComas told me he never saw Mr. Madrigal being assaultive or aggressive and that Mr. Madrigal seemed to be more passively resistant. I asked Lieutenant McComas, if this was the case, if Mr. Madrigal was only being passive resistant, then why not go back into the cell to remove the ankle chains. Lieutenant McComas told me he would agree, there was no reason not to have gone back inside Mr. Madrigal’s cell. I asked Lieutenant McComas if he and Lieutenant Cedergren ever discussed any other options to restrain Mr. Madrigal, besides the restraint chair and tethering Mr. Madrigal to the door and he told me no. I asked Lieutenant McComas if he remembered Lieutenant Cedergren and Sergeant Graham discussing the situation. Lieutenant McComas told me he recalled their initial conversation and he remembered Sergeant Graham appeared clearly upset over Lieutenant Cedergren not approving the use of the restraint chair. Lieutenant McComas confirmed that based on the brief conversation he saw between Sergeant Graham and Lieutenant Cedergren, and Sergeant Graham’s demeanor afterwards, it did appear Lieutenant Cedergren was somewhat dismissive of Sergeant Graham’s opinion of how they should proceed in restraining Mr. Madrigal. Lieutenant McComas confirmed he could understand how Sergeant Graham may have felt disrespected by Lieutenant Cedergren in this situation. I asked Lieutenant McComas if he knew why Lieutenant Cedergren was so opposed to using the restraint chair and he told me no. I asked Lieutenant McComas if he was surprised when Lieutenant Cedergren just walked over to Mr. Madrigal and the other deputies and immersed himself in the incident by going “hands on” and he told me yes, saying he would not have done the same. Lieutenant McComas elaborated on his response by saying when there is enough staff and your staff is competent, it is better to stand back – as you are better able to manage a situation overall, if you are watching it, versus being involved in it. I asked Lieutenant McComas what his opinion was of Sergeant Graham. Lieutenant McComas told me he thought Sergeant Graham was competent, had significant experience as an ITR supervisor, and he made good decisions. Lieutenant McComas added he would feel comfortable in following Sergeant Grahams’ recommendations, which is something he has done in the past. Page 48 of 117 I asked Lieutenant McComas what his opinion was of Lieutenant Cedergren and he told me had had not worked with Lieutenant Cedergren very much, so he did not have an opinion of him. I asked Lieutenant McComas if he knew why Lieutenant Cedergren left Mr. Madrigal tethered to the door with the ankle restraints, instead of going back inside the cell to remove them from Mr. Madrigal’s handcuffs and he told me no. Lieutenant McComas told me he never heard Lieutenant Cedergren say anything that would lead him to suspect Lieutenant Cedergren left him tethered to the door for punitive reasons, nor did he see Lieutenant Cedergren do anything that would lead him to believe this was punitive; rather, Lieutenant McComas told me it appeared to be more of a restraint technique Lieutenant Cedergren was comfortable with. I asked Lieutenant McComas if he saw anything wrong with going back inside Mr. Madrigal’s cell to retrieve the ankle restraints and he told me no. Lieutenant McComas reiterated he would have preferred Mr. Madrigal had been placed in the restraint chair. Captain Christy asked Lieutenant McComas if he considered stepping in to override Lieutenant Cedergren’s decision not to use the restraint chair, since he was the Watch Commander for the jail and Lieutenant Cedergren was the Watch Commander for ITR. Lieutenant McComas said yes, but stated that Captain Hesselein had spoken to him a week or two prior to this incident and told him ITR was Lieutenant Cedergren’s area of responsibility and Lieutenant McComas was supposed to monitor the operation of the housing units and the rest of the jail. In addition, Lieutenant McComas confirmed Lieutenant Cedergren’s statement that management did not want them to use the restraint chair was a contributing factor as to why he did not override Lieutenant Cedergren, as he had no way to refute that and had no choice, but to accept Lieutenant Cedergren’s statement as true. Lieutenant McComas told me he tried to follow up with Lieutenant Cedergren’s statement with his sergeants, to see if anyone else had been told that same information, regarding management directing ITR staff not to use the restraint chair. However, none of his sergeants had heard anything similar and he found no evidence Lieutenant Cedergren’s statement was true. In addition, Lieutenant McComas had extensive conversations with Commander Madigan and Captain Hesselein and learned this information that Lieutenant Cedergren claimed was true was not factual. I asked Lieutenant McComas if he was ever made aware Mr. Madrigal had maneuvered his handcuffs to the front of his body while he was tethered to the door and he told me yes but told me he only learned of this several days after the incident. I asked Lieutenant McComas if he had heard this information that day, would it have concerned him, and he told me he was unsure if he would have thought this would have been a significant development. Page 49 of 117 Lieutenant McComas told me he spoke to Sergeant Graham the next day, about the incident. He remembered Sergeant Graham saying he was frustrated, disappointed, and sick to his stomach about the way things turned out and he was very upset that his decision to use the restraint chair had been overruled by Lieutenant Cedergren. Page 50 of 117 Summary of Interview with Captain Donald Mattison On Wednesday, January 22, 2020, I interviewed Captain Mattison, via telephone. In summary, Captain Mattison told me the following: Captain Mattison was assigned to SRJ as the D&C Captain and he confirmed he was familiar with Mr. Madrigal’s death at SRJ on June 10, 2019. Captain Mattison told me his understanding was Mr. Madrigal had been restrained by chains in an unorthodox manner, involving Lieutenant Cedergren – who had only been assigned to SRJ as the ITR lieutenant for a few weeks. Captain Mattison told me prior to this incident, he and Lieutenant Cedergren never spoke about the use of the restraint chair. I asked Captain Mattison if he ever told Lieutenant Cedergren he did not want him to use the restraint chair and he told me no. I asked Captain Mattison if he was aware of any other Captain making statements about not wanting the restraint chair to be used at SRJ, because of prior issues or policies that still needed to be worked out and he told me no. I asked Captain Mattison if he was surprised when he learned Lieutenant Cedergren had denied approval for the use of the restraint chair and he told me yes. Captain Mattison added that given Lieutenant Cedergren’s job history of working in Internal Affairs and his base of administrative skills, he knew Lieutenant Cedergren to be a rule follower, who abided by policy. Captain Mattison told me on the day of this incident, he was out of town on vacation. I asked Captain Mattison if Lieutenant Cedergren ever discussed this incident with him after it occurred, and he told me yes. Captain Mattison stated Lieutenant Cedergren called him within an hour after this incident occurred and told him something bad happened, an inmate was going to die, and Lieutenant Cedergren thought it was his fault. I asked Captain Mattison if he was familiar with who Sergeant Graham was and he told me yes. I asked Captain Mattison if he was comfortable with Sergeant Grahams’ competence as an ITR supervisor and he told me yes. I asked Captain Mattison if he ever asked Lieutenant Cedergren why he did not use the restraint chair and he told me yes, saying Lieutenant Cedergren told him he was not comfortable using it. Page 51 of 117 Summary of Interview with Captain Derrick Hesselein On Wednesday, January 22, 2020, I interviewed Captain Hesselein, via telephone. In summary, Captain Hesselein told me the following: Captain Hesselein was assigned to SRJ as the Commanding Officer and confirmed he was familiar with Mr. Madrigal’s death at SRJ, on June 10, 2019. Captain Hesselein told me his understanding was Mr. Madrigal had been arrested by the Fremont PD and he was brought into the jail in the WRAP. Once Mr. Madrigal had been accepted into custody, Sergeant Graham arranged for Mr. Madrigal to be removed from the WRAP and then restrained in the restraint chair. However, per policy, Sergeant Graham was required to get approval from the on-duty watch commander, for permission to use the restraint chair and the on-duty watch commander was also required to be present during the application of the restraint chair. There was a delay in Lieutenant Cedergren arriving, but once he did, he elected not to use the restraint chair – which was situated just outside the cell door. Instead, Lieutenant Cedergren used ankle restraints and attached them to the handcuffs Mr. Madrigal was wearing and then he pulled the chain of the ankle restraints through the cuffing port and attached the other end of the ankle restraints to the outside of the cell door. Captain Hesselein added after reviewing the video, he thought Sergeant Graham was very thoughtful and had put a lot of effort into using the restraint chair. He stated Sergeant Graham had briefed his staff, and everyone knew what their job was going to be in restraining Mr. Madrigal in the restraint chair. I asked Captain Hesselein if he ever told Lieutenant Cedergren he did not want him to use the restraint chair and he told me no. I asked Captain Hesselein if he was aware of any other captain or anyone else in management ever saying anything to Lieutenant Cedergren about not using the restraint chair and he told me no. I asked Captain Hesselein if he was surprised when he learned Lieutenant Cedergren had denied approval for the use of the restraint chair. Captain Hesselein told me yes, saying he was shocked, based on the facts and his review of the video. Captain Hesselein told me he did not remember Lieutenant Cedergren ever discussing this incident with him. I asked Captain Hesselein if he had any idea why Lieutenant Cedergren did not use the restraint chair and he told me no. Captain Hesselein also went on to say he had never known anyone to use the ankle chains in a similar application as to the way Lieutenant Cedergren used them, other than on a very temporary basis, to gain immediate control of an inmate. Page 52 of 117 Summary of Interview with Lieutenant Craig Cedergren On Monday, March 23, 2020, Captain Christy and I interview Lieutenant Cedergren in the Internal Affairs interview room, located at 1401 Lakeside Dr, Oakland. Lieutenant Cedergren was accompanied by his legal representative, Mike Rains. In summary, Lieutenant Cedergren told me the following: On June 10, 2019, Lieutenant Cedergren was the ITR Watch Commander, while he was working at SRJ. About 1413 hours, Lieutenant Cedergren walked through the law enforcement lobby on his way to the front of the jail, to drop off paperwork. Lieutenant Cedergren saw Mr. Madrigal sitting on the floor in the WRAP, surrounded by deputies from our agency, Sergeant Graham and officers from Fremont PD. A few minutes later, Sergeant Graham radioed Lieutenant Cedergren and asked him to meet him at cell R-1 in ITR. Lieutenant Cedergren told Sergeant Graham he was enroute and he dropped off the paperwork he had. As Lieutenant Cedergren started walking back to ITR, Sergeant Graham told him he was requesting approval for the use of the restraint chair. Lieutenant Cedergren arrived on scene in ITR and he saw numerous ACSO deputies and the restraint chair in the hallway. Lieutenant Cedergren saw Mr. Madrigal seated on the floor in the WRAP. Lieutenant Cedergren asked what the circumstances were, surrounding Mr. Madrigal’s intake into custody and Sergeant Graham told him, “Shrooms, he’s on shrooms – he’s gonna fight us.” Lieutenant Cedergren asked where Fremont PD was and why they were not removing Mr. Madrigal from the WRAP and he also asked why Mr. Madrigal was in the WRAP. Lieutenant Cedergren was told Mr. Madrigal had fought with Fremont PD earlier in the day. Lieutenant Cedergren directed the deputies to stand Mr. Madrigal up and get him out of the WRAP. Lieutenant Cedergren tried to undo one of the tether straps on the WRAP, but he could not get it to reduce tension, so he had a deputy push Mr. Madrigal forward to get the tension off the strap. Lieutenant Cedergren did not hear Mr. Madrigal grunting or screaming, nor was Mr. Madrigal acting like he was seeing things. Lieutenant Cedergren also noted he did not see any indicators Mr. Madrigal was going to jump out of the WRAP and attack anyone. Lieutenant Cedergren and the deputies stood Mr. Madrigal up and Lieutenant Cedergren decided he wanted to remove Mr. Madrigal from the WRAP and place him in the cell, without any use of force. Lieutenant Cedergren stated he did this to prevent any injury to Mr. Madrigal and the deputies. Lieutenant Cedergren had deputies attach the chain of the ankle restraints around Mr. Madrigal’s handcuffs and then feed the chain through the cuffing port and pull him back to the door, using the door as a shield. Lieutenant Cedergren and deputies were able to close the door with Mr. Madrigal pulled against it, effectively pulling Mr. Madrigal inside the cell as they shut the door. Lieutenant Cedergren stated he told Mr. Madrigal to put his hands out the cuffing port door, so he could remove the chain of the ankle restraints from his handcuffs, but Mr. Madrigal Page 53 of 117 did not comply. Lieutenant Cedergren instructed a Spanish speaking deputy to give Mr. Madrigal commands to comply in Spanish, but Mr. Madrigal continued to ignore their requests for him to put his hands out the cuffing port of the door. Lieutenant Cedergren decided to give Mr. Madrigal time to calm down and he determined he should “wait him out,” rather than having his deputies fight Mr. Madrigal. Lieutenant Cedergren stated he chose not to restrain Mr. Madrigal in waist chains, because Mr. Madrigal had a skinny build and he suspected Mr. Madrigal could have easily slipped the waist chains off, from around his waist. Lieutenant Cedergren had the Spanish speaking deputy ask Mr. Madrigal if he was under the influence of drugs and Mr. Madrigal told him no. Lieutenant Cedergren also told the Spanish speaking deputy to ask Mr. Madrigal if he was “mental” and Mr. Madrigal told him no. Lieutenant Cedergren did not know Mr. Madrigal’s history, so he was inclined to believe Mr. Madrigal. Lieutenant Cedergren asked Mr. Madrigal if he would comply and Mr. Madrigal just told him he wanted to go home. Lieutenant Cedergren told deputies to start a restraint log on Mr. Madrigal and told deputies to watch him and allow Mr. Madrigal to calm down, until he wanted to surrender for processing. Lieutenant Cedergren left the area. About 1650 hours, Lieutenant Cedergren returned to Mr. Madrigal’s cell and he saw Mr. Madrigal had maneuvered his cuffs to the front of his body. Lieutenant Cedergren asked Mr. Madrigal if he was ready to comply. At this point, Lieutenant Cedergren told me he remembered an earlier conversation he had with ITR Sergeant Anthony Moschetti, who relayed the difficulties he had with a previous restraint chair placement, involving a female inmate. Sergeant Moschetti told Lieutenant Cedergren the restraint chair ordeal lasted sixteen hours, they were unable to fingerprint the female in the chair, the ITR staff had to fight her, and the female inmate got marks on her from the restraint chair. Lieutenant Cedergren reiterated his goal was to use the most least intrusive means possible and reduce the likelihood of injury to Mr. Madrigal and staff and to not go “hands on” with Mr. Madrigal. Note: After Lieutenant Cedergren’s interview, I contacted Sergeant Moschetti, who confirmed he had an earlier conversation with Lieutenant Cedergren about the restraint chair. Sergeant Moschetti advised me he remembered telling Lieutenant Cedergren about an issue he had in using the restraint chair, where he struggled to get the resistant inmate into the restraint chair and then had difficulty in securing the inmates’ legs and feet in the chair. Sergeant Moschetti also stated it was likely he had talked to Lieutenant Cedergren about a previous incident the security side of SRJ had, in which a female inmate needed to be moved from a housing unit to ITR, and the inmate was combative and staff was unable to fingerprint her. However, Sergeant Moschetti told me he did not remember how long the inmate would have been left in the restraint chair. Page 54 of 117 In addition, Lieutenant Cedergren stated he talked to Sergeant Scott Sylvester regarding this incident and Lieutenant Cedergren told him about the technique he had used to restrain Mr. Madrigal. Lieutenant Cedergren told us Sergeant Sylvester confirmed this technique was still being taught. Captain Christy asked Lieutenant Cedergren to explain exactly what the technique was, he was referring to. Lieutenant Cedergren stated the technique of using ankle restraints to hold a problematic inmate to the door, so they cannot pull away. However, Sergeant Sylvester told Lieutenant Cedergren about a previous incident that occurred about a week prior to Lieutenant Cedergren contacting him, where the inmate refused to cooperate and allow the deputies to remove his ankle restraints through the cuffing port, which necessitated the deputies going back inside the cell and ultimately fighting the inmate, to get the ankle restraints back. In response to Lieutenant Cedergren’s question asking Mr. Madrigal if he was ready to comply with his request to bring his hands over to the cuffing port, so he could remove the restraints, Mr. Madrigal moved his wrists closer to the cuffing port, but then suddenly, he pulled them back, as he laughed. At this time, Lieutenant Cedergren decided as soon as he got deputies on the floor, he was going to remove Mr. Madrigal from the cell and remove the restraints and if they had to write a report as a result, they would do so. Lieutenant Cedergren decided he would wait for deputies to get out of muster and he left Mr. Madrigal’s cell. Later, while Lieutenant Cedergren was near Mr. Madrigal’s cell, he saw Mr. Madrigal was now sitting down, so he returned to Mr. Madrigal’s cell to check on him. Lieutenant Cedergren saw the chain of the ankle restraints was now looped around Mr. Madrigal’s neck, so he opened the door and had another deputy help him free the chain from around Mr. Madrigal’s neck and then he started CPR and called for medical to respond. Lieutenant Cedergren stated he called Captain Mattison to advise him of what just happened, and he also called Commander Madigan, who responded to the jail. I asked Lieutenant Cedergren what his opinion was of Sergeant Graham. Lieutenant Cedergren told me he had worked with Sergeant Graham on patrol together at Dublin Police Services (DPS) and he was polar opposites with Sergeant Graham, in regard to work ethic, productivity, and in showing up to work for the full 84-hour pay period. Lieutenant Cedergren described how he consistently worked more hours than Sergeant Graham did each pay period and he went so far as to elaborate on how he heard Sergeant Graham was hanging out at his personal residence, instead of working and responding to calls he was assigned, during his shift. Lieutenant Cedergren admitted he did not know if this disparaging information he was telling me regarding Sergeant Graham being home when he should have been at work was true, as it was just a rumor he had heard. However, he thought it was significant enough to tell me this information during his Internal Affairs interview. Page 55 of 117 Immediately after telling me this, Lieutenant Cedergren told me he did not dislike Sergeant Graham and he stated he got along with him. However, Lieutenant Cedergren told me he considered himself to be a very “hands on” supervisor and he told me Sergeant Graham appeared to be very “hands off-ish,” who he thought was very willing to just follow along. Lieutenant Cedergren stated in one of the last arrests he made with Sergeant Graham he offered to give Sergeant Graham the arrest for statistical purposes, but Sergeant Graham told him no. Lieutenant Cedergren believed Sergeant Graham did not want anything to do with the arrest, rather he just wanted to be present on scene. In addition, Lieutenant Cedergren told me he was amused when he learned Sergeant Graham went to the Alameda County Narcotics Task Force (ACNTF), as he did not think Sergeant Graham had ever made a narcotic related arrest in his life. Lieutenant Cedergren reiterated he did not dislike Sergeant Graham, rather they just had a different work ethic. I asked Lieutenant Cedergren if Sergeant Graham seemed to have the respect of the deputies he supervised. Lieutenant Cedergren told me he could not answer that question as he had only been in ITR a short time, but he added the deputies worked hard for Sergeant Graham and they did what he wanted them to do. Lieutenant Cedergren added, most of the staff that came from GDJ did not have the respect of the ITR deputies, as they were not originally from SRJ. In addition, Lieutenant Cedergren received feedback from different people, the ITR deputies were already saying they were not going to change the way they did things or run the operation the way Lieutenant Cedergren wanted them to. I asked Lieutenant Cedergren if he thought he had the respect of the ITR deputies. Lieutenant Cedergren told me he had been told he was a micromanager, but he stated that was not true, he just liked to see what people were doing. I asked Lieutenant Cedergren if Lieutenant McComas was the acting watch commander at SRJ that day. Lieutenant Cedergren told me yes, saying he believed Lieutenant McComas showed up for the incident and then disappeared shortly thereafter. I asked Lieutenant Cedergren what his opinion of Lieutenant McComas was. Lieutenant Cedergren told me he thought Lieutenant McComas was fine; however Lieutenant Cedergren added he knew Lieutenant McComas was not happy about being at SRJ and he also knew Lieutenant McComas was upset about losing his work vehicle because of the discontinuance of Urban Shield. Lieutenant Cedergren added he did not talk a lot to Lieutenant McComas. I asked Lieutenant Cedergren if he thought Lieutenant McComas was a competent watch commander who knew what he was doing. Lieutenant Cedergren told me, “He should know what he’s doing. He’s a watch commander. Yeah. He’s – He was there before me. But, again – he’s not the same type of watch commander I am, either though. So.” Page 56 of 117 I asked Lieutenant Cedergren if he thought he would do a better job as a watch commander than Lieutenant McComas and he told me not necessarily; however, he stated it would depend on the situation. I asked Lieutenant Cedergren if there was any truth to the statement that he would regularly move inmates from the holding tanks in ITR to other areas of ITR and/or to various housing units and he told me yes. Lieutenant Cedergren stated he was more comfortable taking small groups of inmates on a constant basis, rather than waiting for large groups of inmates to be moved at once, which he stated was the preference of the ITR deputies. Lieutenant Cedergren added he also moved inmates from ITR out to the housing units, when he was a sergeant. Lieutenant Cedergren confirmed sometimes the deputies in ITR would come with him and other times they “would just sit there,” waiting for large groups to form, so they could move the inmates all at once, while he did the work of moving the inmates. Lieutenant Cedergren said he would not say anything to the deputies who did not help him and he told me his logic behind moving the inmates out to the housing units was not to show the ITR deputies he was better than they were, but to move the inmates before they got angry – as they would get upset just sitting in ITR, waiting to be go back to their housing units. I asked Lieutenant Cedergren if he would generally tell the ITR deputies or the ITR sergeant when he was going to move the inmates or if he would just move them on his own, without telling anyone else what he was doing. Lieutenant Cedergren stated he would just move the inmates on his own. I asked Lieutenant Cedergren if he heard Sergeant Graham request for additional deputies to respond to ITR for an “express,” over the radio and he told me no. I asked Lieutenant Cedergren what his definition of an “express” was and he told me this was usually someone who was combative, kicking out the windows, or spitting on the deputy. I asked Lieutenant Cedergren if he agreed with defining an express as an arrestee who has shown risky or dangerous behavior and he told me yes. Note: According to our Agency Policy & Procedure 8.26 – the Pro-Straint Restraint Chair is a chair with equipment designed to restrain, control, and limit the movements of someone who displays hazardous (risky and/or dangerous) behavior. I asked Lieutenant Cedergren why he thought Sergeant Graham asked him to meet at cell R-1 in ITR. Lieutenant Cedergren he told me he assumed it was regarding Mr. Madrigal, who he saw earlier restrained in the WRAP. I told Lieutenant Cedergren about six minutes passed since Sergeant Graham requested he meet him, and he still had not responded to ITR. I asked Lieutenant Cedergren what he had been doing, which prevented him from responding to Sergeant Graham’s location. Lieutenant Cedergren told me he did not remember exactly, but he Page 57 of 117 knew he had gone to the front of the jail to drop off paperwork and he told me he was possibly in the alcove or the administrative area of the jail. I asked Lieutenant Cedergren if there was ever a sense of urgency on his part, to respond to Sergeant Graham’s location. Lieutenant Cedergren told me no, saying he did not know Sergeant Graham needed approval for the chair until the second time Sergeant Graham raised him on the radio. However, Lieutenant Cedergren stated he did not do anything that would have delayed his response to ITR. I asked Lieutenant Cedergren if there was a reason why he did not respond to Sergeant Graham over the radio, when Sergeant Graham told him he was asking for his authorization to use the restraint chair. Lieutenant Cedergren told me he did not see the need to respond again over the radio, as he had already told Sergeant Graham he was enroute and he would evaluate the need for the restraint chair once he arrived on scene. I asked Lieutenant Cedergren if he was aware a significant number of staff (six or seven ACSO deputies, an ACSO sergeant, two Fremont PD officers, and nursing staff) were just standing there, dealing with Mr. Madrigal, while everyone waited for him to respond. Lieutenant Cedergren told me he was only aware of the staff that were assigned to ITR. Lieutenant Cedergren added in no way was he trying to delay his response to ITR. I asked Lieutenant Cedergren what he thought everyone would have been doing, while they waited for him to respond. Lieutenant Cedergren told me at the time he last saw Mr. Madrigal, he did not hear anyone say anything about Mr. Madrigal fighting. Lieutenant Cedergren went on to say the following day, when he talked to Sergeant Graham, he asked Sergeant Graham if there was anything else of interest about Mr. Madrigal and Sergeant Graham told him at some point, before Mr. Madrigal came into SRJ, there was a previous incident at the San Jose airport. In this event, Mr. Madrigal charged the TSA, breached their security line, and subsequently got into a physical altercation with the TSA agents, where he tried to take someone’s weapon before he was subdued. As a result of that occurrence, Mr. Madrigal was placed on , before going home the following day, when he got into the known physical altercation with Fremont PD. I asked Lieutenant Cedergren what he saw, when he arrived in ITR, after Sergeant Graham requested his approval for the restraint chair. Lieutenant Cedergren told me he saw the deputies standing there, the restraint chair, and Mr. Madrigal in the WRAP, sitting on the floor in the doorway of cell R-1. At this point, Lieutenant Cedergren referred to his ACSO supplemental report and he began to read from it. Lieutenant Cedergren told me he arrived in ITR and Sergeant Graham told him, “Mushrooms, mushrooms, he’s gonna fight us, he’s already tensing his body, we can’t unrestrain him, so” as Lieutenant Cedergren walked towards cell R-1. Page 58 of 117 Lieutenant Cedergren saw the eight ACSO deputies and asked if they could not get Mr. Madrigal out of the WRAP and Sergeant Graham told him, “not without fighting him.” Lieutenant Cedergren asked Sergeant Graham why Fremont PD put Mr. Madrigal in the WRAP, and Deputy Comfort told him he heard Mr. Madrigal was at Fremont PD’s jail, when he fought with the Fremont PD officers. I asked Lieutenant Cedergren if he could provide me with a few examples of why an arrestee would be placed in the WRAP. Lieutenant Cedergren told me an arrestee could be placed in the WRAP if they were combative and fighting, having “an episode” of acting out or harming themselves, or if the arrestee had the potential to harm others. I asked Lieutenant Cedergren if Mr. Madrigal was wearing a spit mask when he arrived at SRJ and he told me yes. I asked Lieutenant Cedergren if he could provide me with a few examples of why an arrestee would be wearing a spit mask. Lieutenant Cedergren told me if the arrestee was attempting to spit or if it was believed the arrestee was going to bite or spit, then they could be outfitted with a spit mask. I asked Lieutenant Cedergren if Sergeant Graham or anyone else told him Mr. Madrigal had ingested mushrooms and/or was under the influence of mushrooms and he told me yes. I asked Lieutenant Cedergren if he understood mushrooms to be a hallucinogen and he told me yes, saying he knew people under the influence of mushrooms could “see things.” Furthermore, Lieutenant Cedergren told me that based on this, he also assumed Mr. Madrigal had been arrested for 11550(a) HS – Under the Influence of a Controlled Substance. I asked Lieutenant Cedergren if, at this time, he had a good understanding of the Pro-Straint restraint chair and he told me yes. I told Lieutenant Cedergren the definition of the restraint chair, according to our agency P&P, was a chair with equipment designed to restrain, control, and limit the movements of someone who displays hazardous behavior and is equipped with a wheeled transport carriage for easy movement after the inmate has been secured in it. I asked Lieutenant Cedergren if he agreed with that definition of the restraint chair and he told me yes. I asked Lieutenant Cedergren what reason Sergeant Graham gave him for wanting to use the restraint chair. Lieutenant Cedergren told me the only non-specific comments Sergeant Graham made, was Mr. Madrigal was on mushrooms, Sergeant Graham believed Mr. Madrigal was going to fight with them, and Mr. Madrigal was tensing his body. I repeated my question to Lieutenant Cedergren, and I asked him again, what reasons Sergeant Graham gave him for wanting to use the restraint chair. Lieutenant Cedergren just stated Sergeant Graham made a reference to mushrooms and the fact Mr. Madrigal was going to fight with them. I asked Lieutenant Cedergren if at that time, he agreed with Sergeant Graham’s recommendation to place Mr. Madrigal in the restraint chair. Lieutenant Cedergren did not directly answer my Page 59 of 117 question but said not until he could see Mr. Madrigal getting aggressive, for himself. Lieutenant Cedergren stated he wanted to get Mr. Madrigal out of the WRAP, so he could see what Mr. Madrigal did once he was no longer restrained. I asked Lieutenant Cedergren if I was correct in my understanding, that he was saying at that time he did not agree with Sergeant Graham’s recommendation to place Mr. Madrigal in the restraint chair. Lieutenant Cedergren told me he did not say he did not agree with Sergeant Graham’s recommendation, but Lieutenant Cedergren told me he was not going to start off with restraining Mr. Madrigal in the restraint chair. Lieutenant Cedergren added he understood anytime you took an inmate in and out of restraints, that inmate would want to fight, because they were not going to be happy. Lieutenant Cedergren added the only time this was not the case, when an inmate did not want to immediately fight after being removed from restraints, was when the inmate was at John George Psychiatric Pavilion (JGPP) and the inmate was immediate given a sedative injection prior to being restrained in five-point restraints. Lieutenant Cedergren reiterated he did not want to start with the restraint chair to restrain Mr. Madrigal; rather, he wanted to start with the least intrusive means and the least use of force option. Captain Christy told Lieutenant Cedergren he had just told us he understood he might have had to fight Mr. Madrigal, just to get him out of the WRAP. Lieutenant Cedergren said he still could have put Mr. Madrigal into the restraint chair at that time, and then said he wanted to talk about the WRAP training he received. Lieutenant Cedergren stated he attended the summer range training program on May 29, 2019, which was taught by Sergeant Smitherman. Lieutenant Cedergren remembered practicing the Carotid Restraint Hold, he remembered going over the WRAP, and he remembered Sergeant Smitherman demonstrating how the restraint chair worked. However, Lieutenant Cedergren added, no one was physically placed in the chair, although he admitted people in the class were taught how to connect the belts of the restraint chair and the policy on the chair was read to the class. In addition, Lieutenant Cedergren expressed displeasure that the training class was allotted four hours for this training, but the time of instruction provided was less than four hours. In response to Captain Christy’s question about him acknowledging he may have had to fight Mr. Madrigal once he was taken out of the WRAP, Lieutenant Cedergren stated he knew how the restraint chair operated, but he did not see the need to take Mr. Madrigal out of the WRAP and then move him into the restraint chair. Lieutenant Cedergren spoke about how inmates would often be problematic for the arresting officers, but then they would be compliant with the booking deputies, since ACSO was not the same law enforcement agency who arrested them. Page 60 of 117 I asked Lieutenant Cedergren how much consideration he gave Sergeant Graham about his opinion on how he thought Mr. Madrigal should be handled. Lieutenant Cedergren told me he heard what Sergeant Graham said, but he admitted that was the extent of his conversation with Sergeant Graham. Captain Christy asked Lieutenant Cedergren if he asked Sergeant Graham any clarifying questions to get more detail or any additional information to assist him in making his decision. Lieutenant Cedergren stated, No, cuz at this time, by the – when I – by the, by this time – point right here, when he – I uh, came past the lobby and we had medical out there. I had a pretty good understanding that medical – they believed if this guy needed to be cleared at the hospital, he would have been sent out or he had already been cleared and since we made it to this side – and the doctor I think is Jed, a large Asian guy, he was fine with him, everything – he was ours, we were good to go. So that was my assumption that, he would have never been that far, had he not been fit to come in. So, we are gonna deal with what we have, and keep going. I told Lieutenant Cedergren I did not believe he sufficiently answered my question or Captain Christy’s question. I told Lieutenant Cedergren, Sergeant Graham told him, his recommendation was to restrain Mr. Madrigal in the restraint chair, but Lieutenant Cedergren disagreed with that idea. I explained to Lieutenant Cedergren both Captain Christy and I were trying to find out how much thought he gave Sergeant Graham’s opinion. I also repeated Captain Christy’s question to Lieutenant Cedergren, and asked Lieutenant Cedergren if he ever asked Sergeant Graham any clarifying questions to get a better understanding of the situation or if he just ignored him. Lieutenant Cedergren stated he did not ignore Sergeant Graham, because he did not recall Sergeant Graham telling him his recommendation was to use the restraint chair. I asked Lieutenant Cedergren if he was saying he did not recall Sergeant Graham asking him for permission to use the restraint chair. Lieutenant Cedergren told me, “You said, he told me his recommendation was to use the chair and that, I don’t recall.” I told Lieutenant Cedergren, Sergeant Graham had asked him for authorization to use the restraint chair. Lieutenant Cedergren told me Sergeant Graham had only stated he needed a chair placement, one time. I asked Lieutenant Cedergren if he was now telling me he did not think Sergeant Graham wanted to use the restraint chair. Lieutenant Cedergren told me, No, no – I knew he did. I – I just need approval for the chair is what he asked me when I was enroute. That’s the only comment that I remember him making to the chair. Had he told me – I believe we should do the chair then I would have gave it more consideration, yeah – but I don’t recall him specifically telling me no, we need to use the chair. Page 61 of 117 I told Lieutenant Cedergren I wanted to make sure I was understanding him correctly. I asked Lieutenant Cedergren if was saying he heard Sergeant Graham ask for approval for the restraint chair and he told me yes. I asked him if he was now saying he did not understand Sergeant Graham wanted to use the restraint chair. Lieutenant Cedergren told me no, saying he understood Sergeant Graham wanted to use the restraint chair. Lieutenant Cedergren stated he thought I was making it sound like Sergeant Graham had explicitly told him he wanted to use the restraint chair and Lieutenant Cedergren told me he did not specifically remember Sergeant Graham telling him that. Lieutenant Cedergren added that he did not specifically recall anyone telling him his plan was not a good idea, nor did he specifically recall anyone asking him a second time if they could use the restraint chair. Captain Christy asked Lieutenant Cedergren what he thought Sergeant Graham wanted, when Sergeant Graham asked him for his approval to use the restraint chair. Lieutenant Cedergren told us he thought Sergeant Graham was saying ITR staff wanted to use the chair for Mr. Madrigal, which is why he responded to ITR, so he could be on scene in case Mr. Madrigal fought when they removed him from the WRAP. Captain Christy asked Lieutenant Cedergren if he thought Sergeant Graham wanted to use the chair and he told us yes. I asked Lieutenant Cedergren how much time he took to talk to Sergeant Graham, to ensure he had a good understanding of the situation with Mr. Madrigal, after he arrived on scene. Lieutenant Cedergren told me a few minutes. At this point, I pulled up Sergeant Graham’s BWC video (14:05 into his first BWC video segment) and I played the portion of video that began as Lieutenant Cedergren arrived on scene in ITR and was contacted by Sergeant Graham. The video showed Lieutenant Cedergren only glance towards Sergeant Graham as Sergeant Graham told Lieutenant Cedergren that Mr. Madrigal was on mushrooms, Mr. Madrigal was going to fight them, and they were unable to restrain Mr. Madrigal, as he walked right past him and over to Mr. Madrigal. After watching the video, I asked Lieutenant Cedergren if it was more accurate to say he had talked to Sergeant Graham for closer to three to five seconds – and not the three to four minutes he told me he had spent talking to Sergeant Graham, to get a good understanding of the situation. Lieutenant Cedergren admitted three to five seconds was a more accurate time frame. I asked Lieutenant Cedergren if he thought Sergeant Graham’s opinion to use the restraint chair was unimportant and he told me no. I asked Lieutenant Cedergren if there was a reason he did not trust Sergeant Graham’s judgment. Lieutenant Cedergren told me he never said he did not trust Sergeant Graham’s judgment, rather he wanted to see what Mr. Madrigal was going to do once he was removed from the WRAP. Lieutenant Cedergren confirmed he did not agree with Page 62 of 117 Sergeant Graham’s decision to transition Mr. Madrigal into the restraint chair from the WRAP, rather he wanted to remove Mr. Madrigal from the WRAP and investigate further. I told Lieutenant Cedergren, if I was understanding the situation correctly, when he arrived on scene he was aware Mr. Madrigal had already categorized as an “express,” Mr. Madrigal was reportedly under the influence of a hallucinogen, Mr. Madrigal had recently fought with Fremont PD officers, Mr. Madrigal was wearing a spit mask, Mr. Madrigal was currently restrained in the WRAP, Mr. Madrigal was currently resisting and being uncooperative with the ITR deputies, the ITR Sergeant advised Lieutenant Cedergren they believed Mr. Madrigal was going to fight with the deputies, and the ITR Sergeant recommended Mr. Madrigal be placed in the restraint chair. I asked him if this was all correct and he told me it was. However, Lieutenant Cedergren stated he was not aware of exactly how recently Mr. Madrigal had fought with the Fremont PD officers. In addition, I told Lieutenant Cedergren it was my understanding the restraint chair had already been obtained, there was plenty of ACSO staff present, a safety officer had already been designated, and the restraint chair was setup right next to cell R-1, ready to be utilized. I asked Lieutenant Cedergren if this information was also correct and he told me yes. I told Lieutenant Cedergren, in my opinion, this sounded like an ideal situation to use the restraint chair. I asked Lieutenant Cedergren if he agreed with me and he told me, “It was an option.” I confirmed Lieutenant Cedergren was telling me it was not ideal, in his opinion, but it was an option and he repeated, “An option.” I told Lieutenant Cedergren he wrote in his report, based upon his observations, and the information provided by those present during the incident, he believed the restraint device present, the Pro-Straint Restraint Chair, and its requested utilization, to be inappropriate given the circumstances known to him at that time. I asked Lieutenant Cedergren exactly what circumstances made the restraint chair an inappropriate option to use with Mr. Madrigal. After a long drawn out pause, Lieutenant Cedergren told me, The fact – that he’s, in the wrap – and I know what they’re saying he had done – allegedly. I hadn’t witnessed it, but I also knew that as he came out of the WRAP, if he had a propensity, he would show it, or he could choose to comply. So, I, at some point, I made the decision to act on what he was going to do, based on what I know. But again, he wasn’t spitting, he wasn’t grunting, he wasn’t yelling – I didn’t know exactly when. Could I have asked – when he fought – exactly? Yeah, I could have. But, I – I didn’t. I just know that’s what they said – so.” Based on Lieutenant Cedergren’s disjointed answer, I attempted to clarify his answer. I asked Lieutenant Cedergren if he was saying the circumstances that made the restraint chair an inappropriate option, in his opinion, were because he had not personally witnessed any of the information that was told to him. Lieutenant Cedergren told me he had not seen Mr. Madrigal be aggressive or display an intent for harm. I asked Lieutenant Cedergren if he was saying, at the time, this information he was told did not carry significant weight. Lieutenant Cedergren told me he kept the information in mind – as he did not tell anyone to remove the restraint chair, but he wanted to see how the unfolding of the incident progressed. Page 63 of 117 I began to explain to Lieutenant Cedergren why I believed all the facts he had been told about Mr. Madrigal were significant, when he interrupted me and told me he had noted the details, but at that moment he decided not to use the restraint chair. Lieutenant Cedergren added, if Mr. Madrigal had become aggressive, he would have restrained Mr. Madrigal in the restraint chair. I asked Lieutenant Cedergren if he ever talked to Sergeant Graham or the deputies on scene, to find out if they had recently been trained on the use of the restraint chair, and he told me no. I asked Lieutenant Cedergren if concerns regarding staff being trained on the use of the restraint chair were ever a factor in his decision to use the chair or not, and he told me no, saying he assumed everyone had recently been trained on the use of the restraint chair within the last month. I asked Lieutenant Cedergren if he discussed the benefits or drawbacks of using the restraint chair versus other options with Sergeant Graham, once he arrived on scene, and he told me he did not. I asked Lieutenant Cedergren who he did discuss the benefits or drawbacks of using the restraint chair with that day, before he decided not to use it. Lieutenant Cedergren told me, “no one.” I asked Lieutenant Cedergren how long he had been an ITR supervisor at SRJ, at the time of the incident and he replied, “In this current role? Uhh – probably, the pay period.” I asked Lieutenant Cedergren how many “express” inmates he would have dealt with in his role as the ITR supervisor at SRJ and he told me “several.” I asked Lieutenant Cedergren to give me an estimate of how many several meant, and he told me it was hard to “put a number” on it. I told him to give me his best guess and he told me he estimated he oversaw between one and ten “express” inmates get booked into SRJ, while he was the ITR Watch Commander. I asked Lieutenant Cedergren if it was important for him to know the experience level of the staff that worked for him in key leadership positions and he told me yes. I asked Lieutenant Cedergren how many years Sergeant Graham worked in ITR as an ITR supervisor and he told me, I’d say probably, at least a – a year before that, but before – I – he was there when I came, so I don’t know exactly his starting time. But as a deputy I don’t remember him having been assigned to ITR. I never crossed paths with him. I reminded Lieutenant Cedergren he had just agreed it was important for him to know the experience of staff members that worked for him in key leadership positions. I asked Lieutenant Cedergren again, how long Sergeant Graham worked in ITR as an ITR supervisor and he told me, “I have no idea.” I asked Lieutenant Cedergren if it would surprise him to know Sergeant Graham was the most senior ITR supervisor working at SRJ and he told me no. I asked Lieutenant Cedergren if it would surprise him to know Sergeant Graham had worked as the ITR supervisor for over three and a half years and he had supervised the booking of several hundred “express” inmates in that time and he told me, “Yes, those numbers are larger than I would believe.” I asked Lieutenant Cedergren if he was aware of whether or not nursing staff had been able to take Mr. Madrigal’s vital signs and complete his medical assessment. Lieutenant Cedergren told Page 64 of 117 me he did not ask, but he assumed the medical staff had, because Mr. Madrigal had “made it to this point,” and the nurse was standing by. Lieutenant Cedergren added in his experience, the nurses would go out to the front lobby first and if the inmate had high blood sugar or another medical condition, it would be documented, and the inmate would be turned away. I told Lieutenant Cedergren, in his report, he recognized the need to remove Mr. Madrigal from the WRAP, to have him further evaluated by the CFMG staff. I asked Lieutenant Cedergren if Mr. Madrigal had been placed in the restraint chair, if the nurses would have been able to do a better medical screening of him than if Mr. Madrigal was handcuffed and locked in a cell. Lieutenant Cedergren told me yes. I asked Lieutenant Cedergren what exactly he considered, before he decided he did not agree with Sergeant Graham and he chose to deny his request to restrain Mr. Madrigal in the restraint chair. Lieutenant Cedergren stated if he could get Mr. Madrigal out of the WRAP and into a cell with the door closed, without a “use of force,” Mr. Madrigal would be free to walk about the cell and they could come back to him later. Lieutenant Cedergren added this was the least intrusive option “harm wise.” I told Lieutenant Cedergren he stated in his report Mr. Madrigal had not displayed behavior which would have resulted in the destruction of property, nor had he revealed the intent to cause physical harm to himself or others. I reminded Lieutenant Cedergren Mr. Madrigal was currently wearing a spit mask and restrained in the WRAP device. I asked Lieutenant Cedergren if this was correct and he told me yes. I also asked Lieutenant Cedergren if he had been advised that Mr. Madrigal had previously fought with Fremont PD officers at the jail and he told me yes. I asked Lieutenant Cedergren for some examples of things Mr. Madrigal could have been doing, while he was restrained in the WRAP and wearing a spit mask, to indicate he was going to be combative, assaultive, or destructive. Lieutenant Cedergren replied, Yelling, actively trying to spit, uhh – showing signs that he was seeing things that weren’t there, being vocal. He was sitting there, rather mundane – as I mean, cuz when you’re in the WRAP, there’s not a lot you can do. You – in it. Okay, but he wasn’t talking to people, hearing voices, or giving me indications that he was having auditory – or seeing things that weren’t there, either. I confirmed with Lieutenant Cedergren he was saying Mr. Madrigal could have been voicing his intent to be assaultive or he could have been spitting and he told me yes. I asked Lieutenant Cedergren if he and Lieutenant McComas discussed the use of the restraint chair and he told me, “I do not – believe so.” I asked Lieutenant Cedergren if Lieutenant McComas told him he should use the restraint chair and he told me he did not recall Lieutenant McComas saying that. I asked Lieutenant Cedergren if he ever told Lieutenant McComas anything similar to, “We’re not using it now, because someone used it incorrectly and management doesn’t want us using it until everyone can get retrained.” Lieutenant Cedergren told me no. I asked Lieutenant Cedergren if Lieutenant McComas would have been lying if he told us Lieutenant Cedergren had made that statement to him. Lieutenant Cedergren told us he did not recall saying that to Lieutenant McComas. I asked Lieutenant Cedergren to clarify if he was Page 65 of 117 saying he believed Lieutenant McComas was lying to us when Lieutenant McComas told us he made that statement or if he was just saying he did not remember saying that to Lieutenant McComas. Lieutenant Cedergren told us he just did not remember saying that. I asked Lieutenant Cedergren if he told Lieutenant McComas his idea, on how he planned to restrain Mr. Madrigal in handcuffs, while tethered to the door, instead of utilizing the restraint chair and he told me no. I asked Lieutenant Cedergren if Lieutenant McComas told him it was not a good idea to tether Mr. Madrigal to the door after he did so, saying he thought the restraint chair should have been used, as it was already set up right next to Mr. Madrigal’s cell. Lieutenant Cedergren told me he did not recall Lieutenant McComas saying that. I asked Lieutenant Cedergren if he recalled any conversation, at all, with Lieutenant McComas about the restraint chair and he told me no. I asked Lieutenant Cedergren to clarify his answer by telling me if that was because he just possibly did not remember that happening or if this was because Lieutenant McComas was lying to us when he told us this information. Lieutenant Cedergren just repeated he did not recall Lieutenant McComas saying that to him. Captain Christy asked Lieutenant Cedergren if he recalled anything in talking to Lieutenant McComas and he told us no. At this point, I played a portion of the audio recording from Lieutenant McComas’ interview (11:31 into the interview). I explained to Lieutenant Cedergren the portion of the interview I wanted him to listen to, was where Captain Christy asked Lieutenant McComas a question and he answered it. I played the recorded audio interview, where Captain Christy asked Lieutenant McComas if he asked Lieutenant Cedergren about tethering Mr. Madrigal to the door or if they had any discussion regarding this. Lieutenant McComas told us after Lieutenant Cedergren tethered Mr. Madrigal to the door, he began walking down the hall to the nurse’s office. Lieutenant McComas followed Lieutenant Cedergren down the hall and he stopped him and confirmed Lieutenant Cedergren was going to start a restraint log. Lieutenant McComas asked Lieutenant Cedergren how long he planned on having Mr. Madrigal tethered to the door and he reiterated the restraint chair was right next to Mr. Madrigal’s cell, ready to be used, and he thought it was the better option. Lieutenant Cedergren told Lieutenant McComas he had done this a hundred times before, it was not a problem, and he would take responsibility for it. I asked Lieutenant Cedergren if this audio clip refreshed his recollection of the conversation he had with Lieutenant McComas and he told us he did not recall the conversation. I asked Lieutenant Cedergren if he thought Lieutenant McComas was being untruthful when he told us the details of this conversation. Lieutenant Cedergren told us he had no reason to believe Lieutenant McComas made this conversation up, but he just did not recall this specific conversation. I asked Lieutenant Cedergren if he viewed Lieutenant McComas as his peer or his supervisor that day. Lieutenant Cedergren told me they were both lieutenants, so he viewed him as his peer. Page 66 of 117 I told Lieutenant Cedergren I wanted to talk about his involvement with Mr. Madrigal and when he assisted in removing him from the WRAP. I asked Lieutenant Cedergren if there was a reason why he was trying to adjust the tension strap of the WRAP, instead of directing a deputy to do this. Lieutenant Cedergren told me no, saying he just stepped in and did it. I told Lieutenant Cedergren, in watching the video from Deputy Ross’ BWC, it seemed that after Mr. Madrigal had been stood up, deputies still thought the plan was to put Mr. Madrigal in the restraint chair. I told Lieutenant Cedergren it appeared the deputies started to turn and walk Mr. Madrigal to the restraint chair, when Lieutenant Cedergren told them not to put him in the restraint chair, but to bring Mr. Madrigal over to him. I asked Lieutenant Cedergren if he had discussed using the restraint chair with anyone at this point and he told me no. I asked Lieutenant Cedergren if he told the deputies what his plan was, before he started telling the deputies what to do and went “hands on” himself and he told me at this point, he never told anyone what the plan was regarding Mr. Madrigal. I told Lieutenant Cedergren in his report he stated, prior to removing Mr. Madrigal from the WRAP, the ankle restraints were attached to Mr. Madrigal’s handcuffs, as he recognized Mr. Madrigal’s behavior, volatility, and intentions were unpredictable and subject to change. I told Lieutenant Cedergren this statement sounded like he was trying to justify why he decided to attach the ankle restraints to Mr. Madrigal’s handcuffs. I asked Lieutenant Cedergren if this assumption was correct and he told me yes. I asked Lieutenant Cedergren if this same logic would have also applied to justification for placing Mr. Madrigal in the restraint chair and he told me yes, saying “you could.” I told Lieutenant Cedergren, just a few paragraphs earlier in his report, he argued he did not believe the restraint chair was appropriate, given his observations of Mr. Madrigal. However, now he claimed he recognized Mr. Madrigal’s behavior, volatility, and intentions were unpredictable and subject to change. I asked Lieutenant Cedergren what, if anything, happened to drastically change his stance on Mr. Madrigal. I explained, in reading his report, it sounded like the only thing that changed during this time, was that he had stood Mr. Madrigal up, placed Mr. Madrigal back on the ground, and eased the tension strap on the WRAP. Lieutenant Cedergren told me, “Just the – that he was unpredictable. He had made no – actions that showed anything different.” I told Lieutenant Cedergren I was questioning what happened that we did not know about, that caused him to drastically change his stance on the level of risk Mr. Madrigal now presented. Lieutenant Cedergren stated when he responded to Mr. Madrigal’s cell in ITR, he decided he was not going to initially use the restraint chair, based on his earlier observations of Mr. Madrigal in the lobby, coupled with the fact Mr. Madrigal was not spitting. Lieutenant Cedergren also considered Mr. Madrigal may have been under the influence of mushrooms, but since he had no report with Mr. Madrigal, he could not confirm this. When Lieutenant Cedergren removed Mr. Madrigal from the WRAP, he utilized the cell door and cuffing port to remove Mr. Madrigal’s handcuffs, by using the ankle restraints attached to the handcuffs, which allowed him to keep Mr. Madrigal held tight against the door, preventing him from turning or swinging toward a deputy. Lieutenant Cedergren stated this was his thought, Page 67 of 117 to maintain control of Mr. Madrigal, when he was referring to Mr. Madrigal’s unpredictability. Lieutenant Cedergren added, if he needed to use the restraint chair, depending on how Mr. Madrigal reacted when he was removed from the WRAP, he would have, as he had never dismissed the option of using the restraint chair. I asked Lieutenant Cedergren how he came up with the decision to attach the ankle restraints between Mr. Madrigal’s handcuffs. Lieutenant Cedergren stated he had used this technique numerous times before, as it was a method that was taught. Lieutenant Cedergren stated he used this technique to limit Mr. Madrigal’s movement, by holding him against the door to complete a search. I asked Lieutenant Cedergren if using the chains in this manner, to pull Mr. Madrigal against the door, was enough to hold Mr. Madrigal against the door, or if a deputy had to also push Mr. Madrigal back against the door, to hold him against the door. Lieutenant Cedergren told me he did not know if a deputy had to physically push or hold Mr. Madrigal against the door. I asked Lieutenant Cedergren if it would surprise him to know Deputy Rhoades had to exert significant effort to hold Mr. Madrigal’s upper body against the door, while she also told Mr. Madrigal to stop resisting. I offered to show Lieutenant Cedergren the video from Deputy Rhoades’ BWC, but he declined. Lieutenant Cedergren told me he believed Deputy Rhoades had to exert significant effort to hold Mr. Madrigal against the cell door. I asked Lieutenant Cedergren if, at this point, it would have been appropriate to place Mr. Madrigal in the restraint chair and he told me yes. I asked Lieutenant Cedergren if he was ever concerned with Mr. Madrigal doing something to injure himself and he told me no. I asked Lieutenant Cedergren if he secured the ankle restraints between Mr. Madrigal’s handcuffs or if he directed someone else to do it. Lieutenant Cedergren told me he would assume he did it, but he did not know. I told him after watching Deputy Johnston’s BWC video, it was evident he had done it and he said okay. I asked Lieutenant Cedergren if he had been taught to secure ankle restraints around an inmate that had been handcuffed behind the back, and then pull that inmate against the door through the cuffing port while using the door as a shield. Lieutenant Cedergren told me he had done it on different extractions, it had been taught, and he talked about this technique as a Jail Training Officer (JTO) Sergeant in 2005. I asked Lieutenant Cedergren if this technique was taught in a class or if it was passed along as jail techniques and he told me it was passed along as institutional knowledge. I asked Lieutenant Cedergren if this technique was taught in the police academy and he told me no. I asked Lieutenant Cedergren if any defensive tactics instructors taught this technique. Lieutenant Cedergren stated it was his understanding this was taught in classes by the defensive tactics instructors, based on a brief conversation he had with Sergeant Sylvester. Captain Christy asked Lieutenant Cedergren what kind of class Sergeant Sylvester would instruct that would teach this technique. Lieutenant Cedergren stated “Use of force” classes with trainees in the JTO program. Lieutenant Cedergren also confirmed Sergeant Sylvester presented this technique in the Core Course curriculum and he had assisted in teaching this technique as a JTO Sergeant. Page 68 of 117 I asked Lieutenant Cedergren what the purpose of technique was, and he told me he would use this technique to control an aggressive inmate or an inmate who was prone to violence. Lieutenant Cedergren stated he would use this practice to search an inmate before the inmate went into the cell and he also stated he could also use this technique to hold the inmate against the door, so when the cell door was shut, the inmate was pulled into the cell with the closing of the door. I asked Lieutenant Cedergren if there were any other situations where it would be beneficial to use this technique and he told me these were the only two reasons he was aware of. I asked Lieutenant Cedergren what was taught in the instance, when an inmate resisted or refused to cooperate when the inmate was inside the cell, but the deputies were unable to pull the inmate against the door to remove the inmates ankle restraint from around the handcuffs. Lieutenant Cedergren told me he did not know what was taught in this instance. I told Lieutenant Cedergren, if I was understanding him correctly, he was saying he showed this technique to new deputies, telling them this was a technique they could use. I asked Lieutenant Cedergren what he taught them to do when this technique did not work, and the inmate refused to allow the deputies to remove the ankle restraints from their handcuffs. When Lieutenant Cedergren did not immediately answer me, I asked him if this technique was effective one hundred percent of the time. Lieutenant Cedergren told me no. I asked Lieutenant Cedergren again, what he taught the deputies to do to resolve the issue, when the technique he taught them was not effective. Lieutenant Cedergren stated if the inmate did not want to be compliant, he would advise them to give the inmate time to change their minds and become compliant. Lieutenant Cedergren went onto explain he believed that was the purpose of the restraint log, to watch the inmate and wait for them to comply. I told Lieutenant Cedergren I only was talking about leaving the inmate secured with the ankle restraints around their handcuffs. Lieutenant Cedergren told me he understood, and he reiterated his response, saying if the inmate did not comply, he would leave the inmate secured with the understanding that over time, the inmate would become compliant. Lieutenant Cedergren added when it got to a certain point and the inmate still had not complied, he would switch to another plan and go into the cell and remove the ankle restraints, regardless of whether or not they need to use force to accomplish this. I told Lieutenant Cedergren he had just said when it reached a “certain point,” he or the deputies would go back inside and remove the ankle restraints. I asked Lieutenant Cedergren what was the “certain point.” Lieutenant Cedergren told me this was generally less than four hours. I told Lieutenant Cedergren if I was understanding him correctly, he was saying in the instances when he applied ankle restraints to an inmates handcuffs and the inmate refused to surrender the ankle restraints, he would give that inmate four hours to change his mind and comply. In the instance the inmate did not comply within the four hours, he would open up the door and go back inside the cell and remove them. Lieutenant Cedergren replied, “Not – not four hours, in a hard, fast rule.” I asked Lieutenant Cedergren what the hard, fast rule was, and he told me, in this specific case, it was the end of the shift, as he did not want to leave it for the next shift. I asked Lieutenant Cedergren what he taught the deputies to do, when this technique did not work and he told me, “They’re never – that was never taught. I – I have no idea what Scott taught, at that point, either. I wasn’t.” Page 69 of 117 I challenged Lieutenant Cedergren and said he told me he had taught a technique and he interrupted me and told me he never taught this technique, rather he had only seen the technique. I confronted Lieutenant Cedergren and told him I believed he had told me earlier, he did teach this technique, when he was the JTO Sergeant. However, Lieutenant Cedergren adamantly denied this, telling me no, saying Sergeant Sylvester was the instructor in the Core Course and he had only witnessed the technique and utilized it, but he had never actually been the instructor who taught it. I asked Lieutenant Cedergren if this meant he never showed anyone else how to do it and he told me he had applied it, but he had never instructed anyone else how to do it in a formalized setting. I asked Lieutenant Cedergren if he was saying his understanding was this technique was taught, but when it failed to work as designed, he did not know what to do. Lieutenant Cedergren replied, Well, in that – one case, not that it’s a hard, fast rule, but the one that Scott shared with me, when I’d asked him, he said they ultimately ended up going in and fighting the guy and having a bigger use of force to get him out. Lieutenant Cedergren confirmed he was telling us about a previous incident Sergeant Sylvester relayed to him, when the inmate refused to cooperate and surrender the ankle restraints and handcuffs by backing up to cuffing port of the cell door, so the deputies had to open the door and enter the inmates’ cell to forcibly remove the restraints. I told Lieutenant Cedergren I had talked to Sergeant Sylvester, who told me this technique was taught, but only for the purposes of searching an inmate – as a temporary means to restrain an inmate. However, I told Lieutenant Cedergren, Sergeant Sylvester was adamant that it was never taught under any circumstances, that it was okay to walk away from an inmate, leaving that inmate tethered to the door with ankle restraints. Lieutenant Cedergren told me he thought this was a fair statement and he would believe this. I asked Lieutenant Cedergren if it was fair to say the act of attaching the ankle restraints to the inmate’s handcuffs was a technique he was taught, but the resolution he came up with, leaving the inmate tethered to the door, he was not taught. Lieutenant Cedergren told me yes, saying he thought it was a reasonable solution at that time. I asked Lieutenant Cedergren if he could understand how the act of leaving an inmate chained to the door, could be considered cruel and unusual, and he told me yes. I asked Lieutenant Cedergren if he discussed this technique with any other supervisors before this incident and he told me he did not specifically remember doing so. I asked Lieutenant Cedergren if he remembered talking about the technique he used with Lieutenant McComas, Sergeant Graham, or any of the ITR deputies on the day of the incident, and he told me no. I told Lieutenant Cedergren he stated earlier in the interview he used this technique before at SRJ. I Lieutenant Cedergren how many times he had used this technique before and he said, “less than five, myself.” I asked Lieutenant Cedergren how many of these times did he have to leave the inmate tethered to the door, before the inmate became compliant. Lieutenant Cedergren replied, “Generally – within a few minutes. Maybe – maybe walking out of the pod and watching from the dayroom and then having them motion ‘go back in,’ and they’re compliant.” Page 70 of 117 I asked Lieutenant Cedergren if he had any prior BWC video of him using this technique and he told me no. Captain Christy explained to Lieutenant Cedergren that if he had used this technique in the past, it would have necessitated a “Use of Force” report and Captain Christy asked Lieutenant Cedergren again, if he could remember recording anything from his prior applications of this technique. Lieutenant Cedergren stated he was unsure when he last used this technique and he thought it was possible BWC’s were not issued then. I asked Lieutenant Cedergren if any memorandums, training bulletins, or training videos had been circulated at SRJ discussing the technique of applying ankle restraints in-between a pair of an inmate’s handcuffs and he told me no. I asked Lieutenant Cedergren if he ever conducted any training or wrote any memorandums or training bulletins, or put together training videos on what he perceived to be the benefits of using this technique to be, and he told me no. I asked Lieutenant Cedergren he ever taught anyone else this technique in a classroom setting and he told me no. I asked Lieutenant Cedergren if he remembered assisting Deputies Ross and Rhoades in pulling on the chain of the ankle restraints after Mr. Madrigal was inside his cell with the door closed through the open cuffing port door, in an attempt to pull Mr. Madrigal to get him to come back to the door to remove the restraints and handcuffs and he told me yes. I asked Lieutenant Cedergren if he told the deputies to stop pulling on the chain, when he realized this was not going to be successful and he told me yes, saying he did not want the deputies to get injured. I asked Lieutenant Cedergren if, at this time, he stopped and considered removing Mr. Madrigal from the cell and placing him in the restraint chair. Lieutenant Cedergren told me, “I don’t know if I actually thought about it or not. So, I’ll say – no, but I don’t ever remember making a conscious decision either way.” I asked Lieutenant Cedergren what he did next and he told me he took a pair of handcuffs and attached one end of the handcuffs to the cuff of the ankle restraints that were attached to Mr. Madrigal’s handcuffs and then he attached the other end of the handcuffs to the outside doorknob of Mr. Madrigal’s cell door. I asked Lieutenant Cedergren why he did not just open Mr. Madrigal’s cell door and lay Mr. Madrigal on the ground, facedown, and then remove the ankle restraints. Lieutenant Cedergren replied, “Couldn’t tell you.” I told Lieutenant Cedergren I had spoken to multiple deputies, who told me Mr. Madrigal was only being passively resistant and there was no apparent reason why they could not have simply gone back inside Mr. Madrigal’s cell to remove the ankle restraints. I asked Lieutenant Cedergren why he did not want to go back inside Mr. Madrigal’s cell, after he was unable to remove the ankle restraints from Mr. Madrigal’s handcuffs. Lieutenant Cedergren told me, I thought – given the fact we had closed the door, he would become compliant – and he would take them out without having to re-open the door and go back in. cuz – not to justify anything but putting him on the floor – if he had chose to be fine, that would have been great. But it – I , having – all my experience, had you gone in and then you had to fight him or somebody punched him or kneed him in Page 71 of 117 the back or figure-four, then you’ve got the ‘use of force’ and – not saying it would happen in this case, but that’s the kind of case where somebody says, ‘well if you had him there, why didn’t you simply wait him and leave him in the cell.’ You – there, it’s almost like a no-win scenario. I told Lieutenant Cedergren the problem with his decision was our agency just did not teach staff to tether inmates to the door and “wait them out.” I asked Lieutenant Cedergren if he ever considered assembling a Resistive Inmate Management (RIM) team to deal with Mr. Madrigal, once he could not get Mr. Madrigal to surrender the ankle restraints and handcuffs. Lieutenant Cedergren told me no, saying he had the personnel necessary for a RIM team already there and he stated it was never a matter of extricating Mr. Madrigal from the cell. I explained to Lieutenant Cedergren a RIM team is equipped with a shield, which could lessen the likelihood of injury to deputies if they had to go back inside the cell to physically retrieve his restraints, and he told me okay. I asked Lieutenant Cedergren why, at this point, he did not use the restraint chair, as it had already been set up and was right next to Mr. Madrigal’s cell. Lieutenant Cedergren told me, I don’t think there was a conscious reason not to – or to. Simply to see what he would do. Cuz we were, even at this time, we’re talking to this guy and he wants to go home. Says he’s not mental, he said that he’s not high – not that I believe him, but he’s not giving – he’s not giving me any signs that he’s got any other intention other than that. And again, I don’t know when he ingested shrooms or how many or when, so – I don’t know. I could have erred – I guess on the side of caution, yeah. I asked Lieutenant Cedergren if he was aware Lieutenant McComas, Sergeant Graham, and every deputy present on scene in ITR were all surprised when he chose not to use the restraint chair, and he told me, “I could see they would be surprised, now – yeah.” Lieutenant Cedergren went on to say he did not see any visual signs of their disagreement, he did not see anyone shaking their heads in a “no” motion, nor did he remember anyone telling him to stop or re-think his actions. I asked Lieutenant Cedergren to clarify he was saying he did not see anyone disagreeing with what he was doing, and he told me, “Not that I – openly saw – no.” I asked Lieutenant Cedergren if he thought Sergeant Graham was okay with his decision not to approve the use of the restraint chair. Lieutenant Cedergren told me, “Yeah, cuz he didn’t voice any different opinion or say anything else, he – stood there.” I asked Lieutenant Cedergren if he had ever handcuffed an inmate to the door before, just using a pair of handcuffs, and he told me no. I asked Lieutenant Cedergren if he had ever utilized any unorthodox handcuffing techniques in the past when dealing with an uncooperative inmate to secure him to a door, and he told me no. I told Lieutenant Cedergren I was going to pull up the video of a BWC and I asked him if he was sure he had never done this before, or if it was possible he had done this, and he just was not remembering it. Lieutenant Cedergren told me it was possible he had done this before, and he just was not remembering it. Page 72 of 117 I told Lieutenant Cedergren that I was going to play Deputy Matt Ahlf’s Body Worn Camera video, which was about ninety seconds long. Lieutenant Cedergren interrupted me and told me he was now familiar with the incident I was referring to, but I advised him we were still going to watch it. Note: The video covered an incident that occurred on July 23, 2017, in Housing Unit 2, on the east side of the housing unit, in F-Pod. Lieutenant Cedergren explained that it was concerning an inmate who refused to lock down and he advised he had used some profanity, when he secured the inmate to the cuffing port of the door, until the nurse arrived, and he removed the inmate from the door. The BWC video showed an inmate who was refusing to lock down in his cell, while deputies and Sergeant Tony Aniasco talked to the inmate through the open cuffing port of the F-Pod door. Lieutenant Cedergren arrived on scene and approached the inmate and asked him what his name was. As the inmate extended his wrist so Lieutenant Cedergren could read his wristband, Lieutenant Cedergren reached through the open cuffing port and grabbed the inmate’s wrist and pulled it out of the door and ordered deputies to open the door. Once deputies did so, Lieutenant Cedergren assisted deputies in pulling one of his arms around the door, before he handcuffed the inmate’s wrists together, effectively handcuffing the inmate to the door. While the inmate was straddling the edge of the door on his knees, Lieutenant Cedergren told the inmate, “Chill motherfucker!” and walked away. I asked Lieutenant Cedergren if the video refreshed his recollection, and he told me yes. I asked Lieutenant Cedergren if earlier, when I asked him if he had ever handcuffed an inmate to the door in an unorthodox manner, he just did not remember this incident, and he told me yes. However, Lieutenant Cedergren added that in his mind, he thought I was just talking about handcuffing an inmate to the doorknob or handle of a door. I asked Lieutenant Cedergren if he was reprimanded over this incident and he told me no. Lieutenant Cedergren told me he spoke to Captain Darren Skoldqvist and told him what happened, and Captain Skoldqvist responded by saying, “Madigan is gonna shit,” because of the way the inmate was secured around the door. However, Lieutenant Cedergren never heard anything or received any discipline regarding this incident. Lieutenant Cedergren stated he would have understood if he was reprimanded over this incident, which is why he notified Captain Skoldqvist right after this incident occurred. I asked Lieutenant Cedergren how long he left the inmate on his knees, handcuffed to the door. Lieutenant Cedergren told me he left the inmate that way until medical staff arrived, but he was unsure how long that was. I asked Lieutenant Cedergren if it would surprise him to know he left the inmate on his knees, handcuffed to the door, for over ten minutes. Lieutenant Cedergren agreed that it could have been ten minutes that he left the inmate there. I asked Lieutenant Cedergren what his justification was, to leave the inmate handcuffed in that manner for that long of a time, and he told me he did this, so he would only have to move the inmate one time, which would be after the nurse examined him. I told Lieutenant Cedergren that his statement, “Chill motherfucker!” sounded like it may have been punitive, as if he left the inmate in that manner for not cooperating. Lieutenant Cedergren Page 73 of 117 told me he had no punitive intentions when he said and did this, rather he was frustrated, and his emotions got the better of him. I told Lieutenant Cedergren that I wanted to talk about Mr. Madrigal again and I asked him if he left Mr. Madrigal tethered to the door for over two hours, as a form of punishment for not cooperating with him. Lieutenant Cedergren told me no, and stated he would have been able to remove Mr. Madrigal from being tethered to the door at any time, whenever Mr. Madrigal became compliant. I asked Lieutenant Cedergren if he remembered asking anyone else if they thought his idea of tethering Mr. Madrigal to the door with ankle chains was a good idea. Lieutenant Cedergren told me he did not specifically remember asking anyone this. I told Lieutenant Cedergren that he stated in his report the following: based on Mr. Madrigal’s refusal to cooperate, even the removal of the ankle restraints from the handcuffs around Mr. Madrigal’s wrists, was not likely to occur, without employing force to overcome Mr. Madrigal’s resistance and/or lack of communication offered. I asked Lieutenant Cedergren what he meant by that statement. Lieutenant Cedergren referred to his supplemental report to refresh his recollection and told me he had stated this to explain why they stopped pulling on the ankle restraint chains attached to Mr. Madrigal’s handcuffs through the open cuffing port. I asked Lieutenant Cedergren if he thought it was possible to go back inside the cell while Mr. Madrigal was tethered to the door with his hands behind his back, to gain control of Mr. Madrigal without using force. Lieutenant Cedergren admitted that option would have been possible, but he did not recall if he consciously considered doing that at the time. I told Lieutenant Cedergren that in watching the video from the various BWC’s, I only saw Mr. Madrigal being passively resistant. I asked Lieutenant Cedergren if Mr. Madrigal was doing anything different, that I could not see, which would have shown he was being actively assaultive, and he told me no, not that he could recall. I told Lieutenant Cedergren he also stated in his report that an inmate can defeat a pair of handcuffs, even when properly applied and double-locked, and have access to a means to cause physical harm to oneself or others. I asked Lieutenant Cedergren what he meant by that statement. Lieutenant Cedergren told me he needed to refresh his recollection, and he referred to his report before telling me he stated this to explain why he attached a pair of handcuffs to the cuff of the ankle restraints, because the inmate could have slipped the large cuff of the ankle restraints off the doorknob due to the diameter of the ankle restraint cuff. I asked Lieutenant Cedergren if he was ever concerned Mr. Madrigal may hurt himself or others, and he told me no. Lieutenant Cedergren stated Mr. Madrigal had not done anything to lead him to believe this. I asked Lieutenant Cedergren if he ever considered placing Mr. Madrigal in a safety cell, and he told me no. I asked Lieutenant Cedergren why, at this point, he did not choose to place Mr. Madrigal in the restraint chair with a safety officer to watch over him. I reminded Lieutenant Cedergren that he Page 74 of 117 had just said he planned on waiting Mr. Madrigal out and he was going to periodically check on him, so why not place Mr. Madrigal in the restraint chair, since there is also a designated safety officer who would be assigned to watch him. Lieutenant Cedergren replied, “To me, it was more restrictive, then – what was going on there – at the time, given the time. In hindsight? Yeah – wouldn’t be sitting here today.” I told Lieutenant Cedergren that in watching video from several of the deputies’ BWC’s, as well as Sergeant Graham’s BWC, it was apparent to me, that no one else had any idea of what to do, in regard to how Lieutenant Cedergren wanted them to restrain Mr. Madrigal in the handcuffs and ankle restraints. I told Lieutenant Cedergren it seemed like he was constantly talking to the deputies, directing deputies, and having to explain what he wanted them to do, as he showed them what he was talking about. I asked Lieutenant Cedergren if that was a fair assessment, and he told me that was a fair statement. I asked Lieutenant Cedergren if it was likely that none of the deputies present had ever restrained an inmate in a similar manner, and he told me yes. I asked Lieutenant Cedergren if he believed Sergeant Graham or Lieutenant McComas had ever restrained an inmate in the same manner as he restrained Mr. Madrigal, and he told me no. I asked Lieutenant Cedergren if his understanding of the purpose of the restraint log was for the inmate’s safety, and he told me yes. Lieutenant Cedergren stated it necessitated checking on the inmate every fifteen minutes. I asked Lieutenant Cedergren if he was familiar with our BWC policy, and he told me yes. I asked him if he was aware of the specific section of our policy that covered D&C, and he told me yes. I asked Lieutenant Cedergren if he could provide me with examples of when he would be required to activate his BWC in the jail. Lieutenant Cedergren told me a placement like Mr. Madrigal, cell searches, entering a housing unit, and for evidentiary purposes. I provided Lieutenant Cedergren with a copy of our agency’s BWC policy, as outlined in General Order 8.17, and I instructed him to turn to page 4, where I had him read several sections under D&C that I had previously highlighted. I asked him to read aloud the sections that mandate an activation of the BWC. Lieutenant Cedergren read the section that stated activation is required any time an inmate is removed from their holding area, when entering a cell occupied by an inmate, during count, during meals, during window checks, during observation checks, while conducting general observation checks, while completing IOL’s, during other regular checks, when contacting inmates inside their cell, including conversations through the window, during medical emergencies, during any other inmate contact when recordings are not prohibited, and during the processing of new arrestees (except for medical screenings). I provided Lieutenant Cedergren with the most recent training bulletin covering the BWC policy. Lieutenant Cedergren confirmed the language in the bulletin was consistent with the G.O. and appeared to have been incorporated into the G.O. I told Lieutenant Cedergren that the G.O. clearly outlined how this incident with Mr. Madrigal required him to activate his BWC multiple times during his encounter with Mr. Madrigal. I told Lieutenant Cedergren that once he went “hands on” with Mr. Madrigal, I would have expected this to further emphasize the fact that he needed to use his BWC. Page 75 of 117 Note: Lieutenant Cedergren only activated his BWC after discovering Mr. Madrigal had strangled himself and was no longer responsive. Since Lieutenant Cedergren only activated his BWC after he found Mr. Madrigal unresponsive, I asked him if that meant he did not know he should have activated his BWC at any other time during this incident. Lieutenant Cedergren told me, “No, it does not mean – that I did not know so – I had it in the buffering I – somewhere I thought – either I hit it, or I didn’t or I – it wasn’t on. I admit it – it wasn’t on.” I asked Lieutenant Cedergren if he had received training on BWC, and he told me yes. I asked Lieutenant Cedergren if both he and his sergeants talked in briefings about the importance of everyone activating their BWC’s, and he told me yes. I asked Lieutenant Cedergren if, when he decided to go “hands on” with Mr. Madrigal, that heightened his awareness that he was required to activate his BWC. Lieutenant Cedergren stated if he would have remembered it, he would have turned it on. I asked Lieutenant Cedergren if there was a reason why he did not follow the agency policy and activate his BWC, when he assisted loosening the straps of the WRAP, and he told me there was no reason it was not on. I asked Lieutenant Cedergren if there was a reason why he did not follow the agency policy and activate his BWC when he assisted removing Mr. Madrigal from the WRAP, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow our agency policy and activate his BWC, when he assisted with pushing and pulling on Mr. Madrigal’s body, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow the agency policy and activate his BWC, when he assisted with pulling on the ankle restraint chain that was attached to Mr. Madrigal’s handcuffs, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow the agency policy and activate his BWC when he conducted a general observation check of Mr. Madrigal, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow the agency policy and activate his BWC, when he conversated with Mr. Madrigal, as he tried to get him to cooperate so Lieutenant Cedergren could remove his handcuffs, and he told me no. I told Lieutenant Cedergren that in watching all the video from the BWC’s and ITR, it appeared he failed to activate his BWC at any time during his encounter with Mr. Madrigal, while Mr. Madrigal was still alive. I told Lieutenant Cedergren that after the incident, I saw video showing him checking with a group of deputies, ensuring they had turned off their BWC’s. I explained to Lieutenant Cedergren that the logical conclusion would be that he did not want this incident Page 76 of 117 recorded and I asked him if this conclusion was accurate. Lieutenant Cedergren stated he could not remember why he may have said something like that, but he explained that he was upset, he had a lot of thoughts going through his head at the time, and everything that could have gone wrong went wrong; however, Lieutenant Cedergren stated he never had any intent to prevent this incident from being recorded. Captain Christy told Lieutenant Cedergren that, as a lieutenant, he would have expected Lieutenant Cedergren to have taken more of a supervisory role and not go “hands on,” but rather manage the situation and take a more outside approach. Note: At his point, Lieutenant Cedergren nodded his head in an up and down motion and said, “Yes, yes” (as if he was in complete agreement with what Captain Christy was saying). Captain Christy asked Lieutenant Cedergren if there was a reason he felt it was necessary to do the work himself. Lieutenant Cedergren stated, “That’s just how I am. I – like to be involved and – I thought that was the least minimal, invasive way, and that’s – at that moment – the best way to address it. So – shame on me for being involved and thinking I had a better way.” Captain Christy told Lieutenant Cedergren that even if he wanted to do this his own way, he could have done more directing, so he could have gotten a more comprehensive feeling for what was happening. Lieutenant Cedergren replied, “True. In hindsight – yeah.” I told Lieutenant Cedergren almost everyone I talked to, described him as very “hands on.” I asked Lieutenant Cedergren if this was accurate and he told me, “Yeah. I mean – it – it’s been since day one, so – you can go back and pull – freakin’ stat sheets and – there aint – there’s – to a fault. Let’s just say it’s to a fault.” I asked Lieutenant Cedergren if this meant that even though he was a lieutenant, he still went “hands on” on a regular basis, and he told me yes. I asked Lieutenant Cedergren if, in his opinion, supervisors that tended to stand back and watch and observe, were not effective as those supervisors who chose to actively participate in what was happening and he told me, “Not necessarily.” I asked Lieutenant Cedergren if he thought Sergeant Graham’s style of supervising was more likely to stand back and watch and observe, and he told me this was more so Sergeant Graham’s style than his. I asked Lieutenant Cedergren if he thought this made him a more effective supervisor than Sergeant Graham, and he told me no. Lieutenant Cedergren stated it just meant they had different styles. I told Lieutenant Cedergren I wanted to ask him about when he would move inmates from ITR to other sections of ITR or out to various housing units. I asked Lieutenant Cedergren if it was common for him to move inmates on a regular basis and if it was common for him to move inmates by himself. Lieutenant Cedergren told me, “Depending on the inmates’ classification – Page 77 of 117 yeah, you can move inmates by yourself, common, I like to stay busy – I average fifteen to twenty thousand steps – not that steps mean you are any busier than anybody else.” I asked Lieutenant Cedergren if he would regularly move multiple inmates, administrative segregation inmates, or inmates of different classes to housing units. Lieutenant Cedergren told me he would regularly take administrative segregation inmates out to the housing units, but he would not do this while he was also escorting inmates of other classifications. I asked Lieutenant Cedergren if, to the best of his knowledge, he was abiding by the Agency policy and procedures when he did this, and he told me yes. I asked Lieutenant Cedergren to confirm he was saying that if he ever moved inmates out of ITR, outside of the Agency’s policy and procedures, it would have been unintentional. Lieutenant Cedergren told me, “At the moment, we’re getting bodies cleared out of ITR.” I told Lieutenant Cedergren that, in watching the video from everyone’s BWC’s for this incident, I noticed he did not have latex gloves on. I told Lieutenant Cedergren that it was apparent that everyone else on scene was wearing gloves, except him. I asked Lieutenant Cedergren if he ever stopped to think about putting on gloves. When Lieutenant Cedergren did not immediately answer me, I asked him if he normally used gloves for protection, and he told me, “Nope.” I asked Lieutenant Cedergren, “You normally don’t?” and he told me, “Pat-search people on the street when I arrested them – don’t wear gloves. I don’t wear gloves at Raider game.” I asked Lieutenant Cedergren if he ever checked the restraint log or followed up with Sergeant Graham or the ITR deputies to ensure Mr. Madrigal was being checked on. Lieutenant Cedergren told me he may have looked at the log, but he did not specifically remember doing so, other than when he talked to Mr. Madrigal at the door. I told Lieutenant Cedergren, according to his report, he left Mr. Madrigal in his cell about 1437 hours, and the next time he returned to Mr. Madrigal’s cell to check on him was 1650 hours. Lieutenant Cedergren checked his report and told me yes, those times were correct. I asked Lieutenant Cedergren if it ever caused him concern that over two hours had elapsed and there was still no resolution regarding getting Mr. Madrigal out of the restraints. Lieutenant Cedergren told me yes, saying he was going to resolve it. I confronted Lieutenant Cedergren and asked him why then, he did not do anything to resolve it. When Lieutenant Cedergren did not immediately answer me, I asked him what time the next shift started in ITR, and he told me 1700 hours. In response to my previous question as to why Lieutenant Cedergren did not do anything to resolve the situation with Mr. Madrigal after more than two hours had elapsed since he tethered Mr. Madrigal to the door with ankle restraints, and no resolution had been reached, he stated: Page 78 of 117 And at this point – you have – 1650, is right before count. So, I didn’t have the same seven people. I don’t recall exactly how many, but people count, people move bodies. I do know, when I came back at 1720 – which was in thirty minutes, the only person I had was Ross and Pete Mineo, Mineo was fingerprint – finger printing three people at a time. So, whatever had been there, had gone – or, eaten, or whatever. Cuz usually at count time – people do what they gotta do – so. I don’t have a specific number. So, I wasn’t going to move him by – if I uncuffed him by myself – fine. But when he pulled back, I wasn’t going to open the door by myself, and I wasn’t gonna take – Mineo was still fingerprinting – so I said okay, I’ll come back as soon as muster breaks. Which was 5:20 – around there, I don’t know if it broke or not. Musters vary in length. I asked Lieutenant Cedergren if he also saw Mr. Madrigal had maneuvered his handcuffs from behind his back to the front of his body, and he told me yes. I asked Lieutenant Cedergren if this caused him more concern now that Mr. Madrigal was no longer handcuffed behind his back, but instead he was handcuffed in front of his body, and he told me yes. I asked Lieutenant Cedergren why this increased his level of concern. Lieutenant Cedergren told me, “Because now that they’re to the front – most – he has some flexibility and that he has a longer reach on that chain – to get to where he needs to be.” I asked Lieutenant Cedergren what Mr. Madrigal could do, now that he had that slack in the chain. Lieutenant Cedergren told me, “Eventually what he did.” I asked Lieutenant Cedergren that, with that information in mind, if there was a reason why he did not just stay there and radio for deputies to respond and assist him in solving the problem. Lieutenant Cedergren told me, “No there’s not – cuz he – in looking at the log, he’d been – copesetic to that point, so.” After providing me with his last answer, Lieutenant Cedergren stated he wanted to point out that while writing his supplemental report, he reviewed other people’s BWC video, which showed Deputy Sides notify Sergeant Graham that Mr. Madrigal had maneuvered his handcuffs to the front of his body, within thirty minutes of Mr. Madrigal being placed in the cell. Lieutenant Cedergren told me he was disappointed he was not notified of this information when it was first discovered, because if he had been, he would have addressed it then. I asked Lieutenant Cedergren to clarify he was saying, had he been told earlier, that Mr. Madrigal had maneuvered his handcuffs to the front of his body, he would have recognized it as a significant concern and with ample staff present, he would have immediately addressed it, and he told me yes. I asked Lieutenant Cedergren if, when he later saw this himself, if he still recognized it as an immediate concern, and he told me yes. I asked Lieutenant Cedergren if he was saying the reason he did not immediately address this was because he did not have the necessary staff to assist him, and he told me Page 79 of 117 yes. Lieutenant Cedergren told me he was not going to address this by himself, and Deputy Mineo was fingerprinting inmates, so he had to wait for Deputy Mineo to finish before he would have been able to assist him. I asked Lieutenant Cedergren if he ever realized that because Mr. Madrigal had maneuvered his handcuffs to the front of his body, he could have taken off his spit mask and used the straps of the spit mask to strangle himself. Lieutenant Cedergren told me, “I hadn’t thought about that.” I told Lieutenant Cedergren his report indicated he found Mr. Madrigal unresponsive about 1720 hours. I asked Lieutenant Cedergren what caused him to check on Mr. Madrigal at that time, and he told me, when he was near Deputy Mineo, he looked toward Mr. Madrigal, and he could see Mr. Madrigal was sitting against the door. I told Lieutenant Cedergren, that in reviewing Deputy Ross’ BWC video and reading his report, I learned the following had occurred: When Lieutenant Cedergren was at Mr. Madrigal’s cell door, he told Deputy Ross that Mr. Madrigal was not answering him. With a look of alarm on Deputy Ross’ face, she asked Lieutenant Cedergren if he thought Mr. Madrigal was strangling himself. Very unconcerned, Lieutenant Cedergren told Deputy Ross, “No, he couldn’t have – not unless he got the fucking mask around his neck.” I asked Lieutenant Cedergren what he meant by that statement. Lieutenant Cedergren told me he did not remember making that comment, but he added, he did not expect to find Mr. Madrigal in that condition. Note: At this point, I played the video from Deputy Ross’ BWC (1:22 mark) for Lieutenant Cedergren, to refresh his recollection of the incident. The video showed Lieutenant Cedergren outside Mr. Madrigal’s cell door, when he saw Deputy Ross and asked her to come over and assist him. Lieutenant Cedergren had the handcuffing port of the door open and he was trying unsuccessfully to unlock the handcuff that was attached to the chain of Mr. Madrigal’s restraints and remove it from the exterior door handle. When Deputy Ross came over, Lieutenant Cedergren told her Mr. Madrigal was not answering him. Deputy Ross asked Lieutenant Cedergren if he thought Mr. Madrigal was strangling himself, to which Lieutenant Cedergren told her no, saying Mr. Madrigal could not have done so, “not unless he got the fucking mask around his neck.” Lieutenant Cedergren opened the door and tried to rouse Mr. Madrigal from what he appeared to think was a slumber, before Deputy Ross pointed out that Mr. Madrigal had the chain of the ankle restraints around his neck and Lieutenant Cedergren realized that Mr. Madrigal was in need of assistance. After we watched the video, I asked Lieutenant Cedergren if, when Deputy Ross asked him if he thought Mr. Madrigal was strangling himself, and he replied, “Not unless he got Page 80 of 117 the fucking mask around his neck,” if he would have been referring to the spit mask, and he told me yes. I told Lieutenant Cedergren, it was obvious Deputy Ross thought it was possible Mr. Madrigal used the chain of the ankle restraints to strangle himself. I asked Lieutenant Cedergren if he failed to realize that was possible. Lieutenant Cedergren told me, “I realized it was possible then, but originally – no – when his hands to the back, no. It – it takes – I’d never even dreamed he would slip to the front, cuz most people – don’t.” I told Lieutenant Cedergren I was asking him if he thought it was possible for Mr. Madrigal to use the chain of the ankle restraints to strangle himself, after he realized Mr. Madrigal maneuvered his handcuffs to the front of his body, and there was now slack in the chain. Lieutenant Cedergren told me, “Yeah, now it was a possibility – cuz that’s why I wanted to take him out of there. Yes.” I told Lieutenant Cedergren that, in knowing Mr. Madrigal had maneuvered his handcuffs to the front of his body and there was a possibility Mr. Madrigal could now use the chain of the ankle restraints to strangle himself, I had to ask him the same question I asked him before. I asked Lieutenant Cedergren again, why he failed to immediately do something to resolve the issue. When Lieutenant Cedergren did not instantly answer me, I asked him if he was afraid no one would have responded if he had radioed for additional deputies. Lieutenant Cedergren told me, “I don’t know – I didn’t ask, but I know – …” I interrupted Lieutenant Cedergren and asked him about his answer. Right after I interrupted Lieutenant Cedergren, he told me, “I don’t know why I didn’t – I – deputies come when you ask, yes – yes. Even on what you have on staff, and all that – yes... but see, I – not to justify it – again, you look at the log – standing, standing, standing, so I had no idea when he slipped. I should have stayed there, but had I known earlier.” I told Lieutenant Cedergren, after he discovered Mr. Madrigal had strangled himself with the chain of the ankle restraints, he appeared flustered and overwhelmed. I told Lieutenant Cedergren he repeatedly and excessively exclaimed the word, “fuck.” I asked Lieutenant Cedergren if it was at that point, he realized he made a serious error, tethering Mr. Madrigal to the door, and he told me yes. Lieutenant Cedergren stated it was an “epic” mistake, and he was clearly panicked and overwhelmed with the whole situation. I asked Lieutenant Cedergren if, in hindsight, he believed it would have been a better option to have used the restraint chair, versus the restraint option he chose, tethering Mr. Madrigal to the door with ankle restraints, and he told me, “It would have been a better option to do something different, which might have included the restraint chair. Could have been simple, as you said, open the door and make him lay on the floor.” Page 81 of 117 I told Lieutenant Cedergren, right after that happened, he grabbed the restraint log and forcefully exhaled, as he looked at the log. I asked Lieutenant Cedergren what was upsetting to him and he told me he was upset because he had to enter the “Code 3” entry and he realized this was “the ultimate ‘oh fuck’ moment, where you own it – nothing good is going to come of it – you’re fucked.” I asked Lieutenant Cedergren if he was speaking candidly in our interview; if he was admitting responsibility for what happened, saying, “I own this moment, like – I fucked up. I own it.” Lieutenant Cedergren told me, “Oh, it’s – owned. It’s gonna – I know it’s gonna come back to me – I – I have, I’ve had – we’ll get into that part about – different conversations. I’ll let you finish up what you had – cuz.” I asked Lieutenant Cedergren what his understanding was of the word negligent. Lieutenant Cedergren told me, it was doing something wrong with malice, on purpose or blind indifference. I told Lieutenant Cedergren it was failing to take proper care of something. I asked Lieutenant Cedergren what his understanding was of the phrase, deliberate indifference. Lieutenant Cedergren told me it was doing something wrong with the intent to not do it right or to cause someone harm. I told Lieutenant Cedergren it was a conscious and reckless disregard of the consequences of one’s acts or omissions. I asked Lieutenant Cedergren if he believed he was negligent in his actions as a supervisor, when he chose to tether Mr. Madrigal to the cell door with ankle restraints. Note: When Lieutenant Cedergren did not initially respond, Mr. Rains interjected and stated he believed it was my responsibility to establish whether Lieutenant Cedergren’s actions were negligent or not. However, Mr. Rains asked if I was going to insist Lieutenant Cedergren answer the question and I told him I was. Mr. Rains asked Lieutenant Cedergren if he clearly understood the definition of negligence and the definition of deliberate indifference as I had explained those definitions to him, and he told Mr. Rains yes. Captain Christy asked Lieutenant Cedergren if, at the time, Lieutenant Cedergren thought his actions were negligent, and Lieutenant Cedergren stated no. Lieutenant Cedergren stated, at the time he thought he was doing the right thing. However, Lieutenant Cedergren stated, in hindsight, he recognized and agreed his actions were negligent. I asked Lieutenant Cedergren if he thought his actions rose to the level of deliberate indifference, and he told me no. Page 82 of 117 I told Lieutenant Cedergren that after he tethered Mr. Madrigal to the door and secured him in the cell, he walked over to Deputy Comfort and told him he did not want to use the restraint chair. I asked Lieutenant Cedergren what it was about the restraint chair that made him not want to use it. Lieutenant Cedergren stated it was because he had only been briefly trained on the restraint chair, he had never seen the restraint chair used, he wasn’t familiar with the restraint chair, Sergeant Moschetti told him about problems he had in using the restraint chair in a past incident, and at the time, he did not think it was the best option to use. I summed up Lieutenant Cedergren’s response and told him, by saying it sounded like his overall reason for not using the restraint chair was a lack of familiarity with it. Lieutenant Cedergren responded: I think more of the fact you don’t – it’s familiarity – it is what it is. It’s got belts and you put people in it, okay. So that’s not so much a familiarity – it’s – you don’t know how people will react. Cuz, like when I went in the wrap, my first thing is I got claustrophobic. I sucked it up, I toughed it up, but – what if you put in the chair and someone has an episode and then you’re – you’re – you don’t know what you’re gonna cause. So, I – it is what it is. You can believe in it or not believe in it. I just don’t believe in it. So – sorry. I told Lieutenant Cedergren that in speaking to almost everyone else involved, I thought the most reasonable answer I was told, as to why other people thought he did not use the restraint chair, was because he was “running the show” and he wasn’t going to bring in a device he did not know how to operate. I asked Lieutenant Cedergren if it was fair to say that his lack of familiarity with the restraint chair was a significant factor in his decision not to use it, and he said yes. I asked Lieutenant Cedergren if he ever asked Sergeant Graham if he was confident in knowing how the restraint chair worked or if he was comfortable in using the restraint chair, and he told me no. I confirmed with Lieutenant Cedergren that he was present on May 29, 2019, at the range for the 2019 June Weapons Proficiency Program, in which Sergeant Smitherman taught the portion of training that covered the Carotid Restraint Hold, the Use of the WRAP, and the use of the Pro-Straint restraint chair, and he told me yes. I told Lieutenant Cedergren, according to the training records, the training occurred less than two weeks before the incident with Mr. Madrigal. Also, I told Lieutenant Cedergren that Sergeant Smitherman remembered him attending the class and confirmed he did not have any questions, concerns, or complaints about the restraint chair, that she could remember. I asked Lieutenant Cedergren if there was anything he could remember, that would contradict her Page 83 of 117 statement, and he told me no, saying that he never raised any concerns to her either inside or outside of the classroom. Note: On November 7, 2019, I spoke to Sergeant Smitherman and she confirmed she taught the Weapons Proficiency Program at the range on May 29, 2019. Sergeant Smitherman advised me she was confident Lieutenant Cedergren had been thoroughly trained on the restraint chair and she remembered covering the material with him in class that day. Furthermore, this information was corroborated by Lieutenant Cedergren’s Individual Training Activity log. I asked Lieutenant Cedergren if he needed to understand every detail of how something worked, before he could authorize someone else to use it. When Lieutenant Cedergren did not answer me, I provided an example of my work computer malfunctioning and me not knowing the intricacies of how to fix it. I explained that in this instance, I would call someone from IT (Information Technology) and have them fix it. I asked Lieutenant Cedergren if I needed to understand exactly what they were doing to fix my computer or if it would be acceptable to trust in the process that has been put in place and allow the IT staff to fix my computer, while overseeing the repair. Lieutenant Cedergren told me in that instance, it would be permissible. However, he stated if the scenario involved liability like teaching someone how to fire a gun that did not know how to fire a gun, then no. I told Lieutenant Cedergren that in specifically talking about the restraint chair, I asked him if he needed to know exactly how the restraint chair functioned, such as which button to push, which belt to pull, or which clip went where, to supervise the use of the restraint chair, but he did not answer me. I asked Lieutenant Cedergren again, if he needed to know exactly what everything on the restraint chair did, to supervise it’s use. Lieutenant Cedergren told me, “It would be nice to – but I don’t – before I put my faith in somebody else – yes.” I told Lieutenant Cedergren that it may be nice to know everything about the restraint chair, but I asked him again, as a lieutenant, if he needed to know exactly how everything on the restraint chair worked, before he could authorize its use. Lieutenant Cedergren stated, “As a lieutenant in general – no, for me – I would want to know.” Captain Christy asked Lieutenant Cedergren to clarify that was one of the main reasons he did not authorize the use of the restraint chair. Lieutenant Cedergren stated he just did not like how someone was placed in the chair, and he also reiterated his concerns about what Sergeant Moschetti told him, in which an inmate remained in the restraint chair for about sixteen hours. Captain Christy asked Lieutenant Cedergren if it was fair to say every restraint incident could be different, depending on the details of each case, and Lieutenant Cedergren told him yes. Captain Christy asked Lieutenant Cedergren if Page 84 of 117 placing Mr. Madrigal in the restraint chair could have gone perfectly well, and Lieutenant Cedergren told him yes. Lieutenant Cedergren stated part of the goal was to avoid a “Use of force.” Captain Christy asked Lieutenant Cedergren if the option he chose, tethering Mr. Madrigal to the door, was not still a “Use of force,” and Lieutenant Cedergren admitted that it was, and stated, “You could say that.” Lieutenant Cedergren went on to elaborate at times handcuffing would be considered a “Use of force.” I reminded Lieutenant Cedergren that our Use of Force policy was clear, and in that instance, it would only be considered a “Use of force” if the deputy applying handcuffs was overcoming an arrestee’s resistance when he was handcuffing the person, and Lieutenant Cedergren acknowledged I was correct. I asked Lieutenant Cedergren if, prior to this incident, anyone had ever requested his approval to use the restraint chair, and he told me no. I asked Lieutenant Cedergren if he called his supervisor and talked to him right after this incident occurred. Lieutenant Cedergren stated, he called Captain Mattison and told him Mr. Madrigal had been restrained to the door and he had hung himself. I asked Lieutenant Cedergren if he told Captain Mattison something had happened, it was his fault, and an inmate was likely to die as a result. Lieutenant Cedergren told me he did not specifically remember saying that, but he admitted he could have said that. I asked Lieutenant Cedergren if he remembered telling Captain Mattison the reason he chose not to use the restraint chair, and he told me no. I told Lieutenant Cedergren that Captain Mattison told me he stated he had not used the restraint chair because he was uncomfortable using it. Lieutenant Cedergren told me, he did not recall saying that, but he admitted it was possible he had said that or something similar. I asked Lieutenant Cedergren if Captain Mattison ever gave him an order or told him not to use the restraint chair, and he told me no. I asked Lieutenant Cedergren if Captain Hesselein ever told him not to use the restraint chair, and he told me no. I asked Lieutenant Cedergren if Captain Tara Russell ever told him not to use the restraint chair, and he told me no, Lieutenant Cedergren told me Captain Russell was not at SRJ when he was assigned there. I asked Lieutenant Cedergren if anyone in a management position ever told him not to use the restraint chair, and he told me no. Page 85 of 117 I asked Lieutenant Cedergren if anyone on the entire department ever tried to discourage him from using the restraint chair, and he told me no. I asked Lieutenant Cedergren if he and Sergeant Graham ever got into a disagreement with how Mr. Madrigal was ultimately restrained, and he told me no, not that he recalled. I asked Lieutenant Cedergren if Sergeant Graham ever asked him why he did not approve the use of the restraint chair, and he told me no, not specifically. I asked Lieutenant Cedergren if he was saying he did not remember Sergeant Graham ever asking him why he did not approve the restraint chair. Lieutenant Cedergren admitted Sergeant Graham may have asked him, but he stated he did not specifically recall this happening. I told Lieutenant Cedergren that Sergeant Graham notified him and specifically asked for approval to use the restraint chair. Lieutenant Cedergren arrived on scene and decided against using the restraint chair. I explained to Lieutenant Cedergren that it would only be logical, Sergeant Graham would follow-up and ask him why he denied his request to use the restraint chair. Lieutenant Cedergren replied, “He could have – I don’t specifically recall.” I asked Lieutenant Cedergren if Sergeant Graham was truthful, when he told us that he had confronted Lieutenant Cedergren about not using the restraint chair, saying Lieutenant Cedergren’s response was, “The captain didn’t want deputies using the restraint chair – as they had problems with it the other night and policy still needed to be worked out on it.” Lieutenant Cedergren answered by saying he had no idea which captain it would have been that he would have been referring to. Lieutenant Cedergren also added that the policy on the restraint chair had been revised several times before it was finalized. However, Lieutenant Cedergren denied telling us that Sergeant Graham was being untruthful when he told us this and he said that statement might have been Sergeant Graham’s understanding of their conversation. Captain Christy asked Lieutenant Cedergren if he was saying he did not tell Sergeant Graham someone in management told him not to use the chair until they got additional training. Lieutenant Cedergren said he did not even know who this person in management would have been, but he also stated it was possible that he did tell Sergeant Graham this and he just did not remember that occurring. I asked Lieutenant Cedergren if he ever told Lieutenant McComas that management did not want deputies using the restraint chair because there were problems with it the last time it was used, and the policy still needed to be worked out. Lieutenant Cedergren stated, he could have mentioned the story Sergeant Moschetti had told him to Lieutenant McComas, but he did not specifically recall anyone in management ever saying yes or no to using the restraint chair. Page 86 of 117 I asked Lieutenant Cedergren if he remembered talking to Lieutenant McComas about management not wanting deputies to use the restraint chair, and he told me no, saying he could have said it in passing, but he did not specifically remember saying that. I asked Lieutenant Cedergren if he ever asked any of the ITR deputies or sergeants any questions about Sergeant Graham’s supervisory style. Lieutenant Cedergren told me he may have asked deputies how Sergeant Graham was to work for or what his management style was, but nothing more specific than that. I asked Lieutenant Cedergren if he ever asked one of the ITR deputies if it was normal for Sergeant Graham not to be involved in an incident, and he told me, “I might have.” I asked Lieutenant Cedergren if he ever made any comments about Sergeant Graham being weak as a supervisor or if he ever asked any questions about Sergeant Graham not being more “hands on,” during the incident with Mr. Madrigal. Lieutenant Cedergren told me he did not specifically remember doing so, but he admitted he could have. I asked Lieutenant Cedergren if Sergeant Graham ever talked to him about concerns his staff and other ITR sergeants had with him, and he told me, “No – more had, more (unintelligible) was more – and nobody, nobody specifically – it was everybody word of mouth, coming over, in general and I guess – I was part of that, but nobody ever directly to me or whatever and asked me what my thought was or whatever – they had just decided that they were gonna do the things the way they were – change wasn’t gonna happen. So.” I asked Lieutenant Cedergren if he ever talked to Sergeant Estep when he arrived at work to relieve Sergeant Graham about the incident with Mr. Madrigal. Lieutenant Cedergren told me he may have, briefly – in passing, but not about anything specific. I asked Lieutenant Cedergren what reasoning or justification he provided to Sergeant Estep, as to why he did not authorize the use of the restraint chair. Lieutenant Cedergren told me he did not know. I asked Lieutenant Cedergren if he ever told Sergeant Estep the way he had restrained Mr. Madrigal was the same way he had restrained inmates in the past, and he did not think it was necessary to use the chair. Lieutenant Cedergren told me, “It’s possible.” I asked Lieutenant Cedergren if that sounded like something he would have said, and he told me, “It could be – yeah.” I asked Lieutenant Cedergren if he told Sergeant Estep something like, “In the old days we used to cuff people in this manner. It’s not necessary to use a chair, I’ve done it this way before, and it was fine.” Lieutenant Cedergren stated, while he did not remember using those specific words, Page 87 of 117 he assumed he did have a similar conversation with Sergeant Estep, when he would have checked in with him around 1630 hours, that day. I asked Lieutenant Cedergren if he ever told Sergeant Graham or any of the ITR deputies he planned to make “a bunch” of changes to ITR, once he started working there, and he told me “No.” I asked Lieutenant Cedergren to confirm he was saying he never told people he was going to make a “bunch of changes.” Lieutenant Cedergren answered, “I may have said some changes might be coming, to other people, but not specifically to Sergeant Graham. First, because I was going in to watch and wait and evaluate and see what’s what – and if you’re hanging out and hiding, you’re gonna be gone.” I asked Lieutenant Cedergren who he told this information to, and he told me different people “just in passing.” Lieutenant Cedergren also stated he may have told Sergeant Graham as well, but it would also have been, just “in passing,” and not with the intention of threatening or scaring him. Page 88 of 117 SUMMARY OF FACTS: On June 10, 2019, about 1410 hours, Mr. Madrigal was brought into SRJ as an “express.” Mr. Madrigal had been arrested by Fremont PD for 11550(a) HS – Being under the influence of a controlled substance. Mr. Madrigal was brought into ITR in the WRAP restraint device and he was also wearing a spit mask. Fremont PD officers reported Mr. Madrigal was placed in the WRAP because he had been combative with the jail staff. In addition, Fremont PD officers advised the ITR staff that Mr. Madrigal was under the influence of psilocybin mushrooms, a hallucinogen. ITR Sergeant Graham moved Mr. Madrigal from the ITR lobby to cell R-1 and determined the Pro-Straint restraint chair was the best option to restrain Mr. Madrigal once he had been removed from the WRAP. Sergeant Graham requested approval from Lieutenant Cedergren to place Mr. Madrigal in the restraint chair, and he waited for him to respond. Sergeant Graham had recently conducted muster training on the use of the restraint chair with his ITR deputies, and he knew his ITR deputies had all recently received formalized training for the restraint chair, at the recent Range program. Sergeant Graham sent Deputy Comfort to retrieve the restraint chair, and he pre-designated Deputy Torres to be the safety officer, during the placement of Mr. Madrigal in the restraint chair. About 1425 hours, Lieutenant Cedergren arrived on scene in ITR. Once Lieutenant Cedergren entered ITR, he walked past Sergeant Graham and went over to Mr. Madrigal. Sergeant Graham followed Lieutenant Cedergren as he tried to brief him about the risk factors concerning Mr. Madrigal and why he wanted to restrain him in the restraint chair. Sergeant Graham told Lieutenant Cedergren Mr. Madrigal was under the influence of a hallucinogen and he was already resisting and tensing his body when the deputies were trying to get him out of the WRAP. As Lieutenant Cedergren walked over to Mr. Madrigal’s cell, he saw numerous deputies present. Lieutenant Cedergren saw Mr. Madrigal had been restrained in the WRAP and was wearing a spit mask. Lieutenant Cedergren asked if the deputies were unable to get Mr. Madrigal out of the WRAP, and Sergeant Graham told him they were unable to get Mr. Madrigal out of the WRAP without fighting him. While Lieutenant Cedergren briefly observed Mr. Madrigal and his demeanor, he asked why the Fremont PD officers had restrained Mr. Madrigal in the WRAP. Deputy Comfort told Lieutenant Cedergren that Mr. Madrigal had previously fought with the Fremont PD jail deputies. As Lieutenant Cedergren was on scene, the restraint chair was readily available and had been set up for use, and it had already been positioned next to Mr. Madrigal’s cell. However, Lieutenant Page 89 of 117 Cedergren made the determination that the restraint chair was not an appropriate option to use to restrain Mr. Madrigal, at the time. Lieutenant Cedergren ordered deputies to remove Mr. Madrigal from the WRAP. Lieutenant Cedergren instructed the deputies to loosen the tether strap of the WRAP so Mr. Madrigal could stand. Mr. Madrigal did not comply with their orders to stop tensing his body, which prevented deputies from removing Mr. Madrigal from the WRAP by loosening the tether. Deputy McMann applied his bodyweight onto Mr. Madrigal’s upper back while pushing his body towards Mr. Madrigal’s feet. Lieutenant Cedergren then loosened the tether strap of the WRAP and Mr. Madrigal was stood up. Lieutenant Cedergren attached the cuff of a pair of ankle restraints between Mr. Madrigal’s handcuffs. The chain of the ankle restraints was fed through the cuffing port of cell R-1’s door and the other cuff of the ankle restraints was attached to the outside door handle of cell R-1. While Mr. Madrigal continued to resist, Deputy Rhoades held him against the door and a pat search was conducted, as the WRAP was removed. Deputies removed the ankle restraint cuff that had been attached to the exterior door handle, pushed Mr. Madrigal back inside the cell, and closed the door. Lieutenant Cedergren and two deputies attempted to pull Mr. Madrigal’s hands through the cuffing port, by pulling on the chain of the ankle restraints to uncuff him, to remove his restraints. Mr. Madrigal however continued to resist their efforts, and he refused to cooperate and allow his restraints to be removed. Lieutenant Cedergren instructed the deputies to stop any further attempts to remove Mr. Madrigal’s handcuffs and ankle restraints from around his handcuffs. Lieutenant Cedergren took an additional pair of handcuffs and attached one handcuff to the ankle restraint cuff and the other handcuff to the outside doorknob of the cell door, tethering Mr. Madrigal to the door. Lieutenant Cedergren chose to leave Mr. Madrigal handcuffed and tethered to the door with the ankle restraints until he calmed down and decided to cooperate. A deputy initiated a restraint observation log, and the deputies continued to check on Mr. Madrigal over the next several hours, as they tried to convince him to cooperate and surrender his restraints, to no avail. About 1650 hours, Lieutenant Cedergren returned to Mr. Madrigal’s cell, and he saw Mr. Madrigal had maneuvered his handcuffs from behind his back to the front of his body. Lieutenant Cedergren asked Mr. Madrigal if he was ready to comply. Mr. Madrigal moved his wrists closer to the cuffing port, but then he quickly pulled them back, and laughed. Page 90 of 117 At this time, Lieutenant Cedergren decided to wait for the 1700 hours muster to conclude, so he would have additional deputies to help him get Mr. Madrigal out of the cell and remove his restraints. Lieutenant Cedergren left Mr. Madrigal’s cell. About 1720 hours, Lieutenant Cedergren returned to Mr. Madrigal’s cell to check on him, but he found him unresponsive. Lieutenant Cedergren and Deputy Ross opened Mr. Madrigal’s cell door to investigate further and they discovered Mr. Madrigal had wrapped the chain of the ankle restraints around his neck and asphyxiated himself. Page 91 of 117 OPINIONS AND CONCLUSIONS: As to the allegation that on June 10, 2019, Lieutenant Cedergren was negligent in his duties as the ITR supervisor, I conclude the following: SUSTAINED. Concerning the above allegation, I conclude the following violations occurred: • Civil Service Law and Rules Section 2104 (c) - Inefficiency • Civil Service Law and Rules Section 2104 (d) – Neglect of duty • Sheriff’s Office Rules and Regulation – 2.1.13 –Performance of Duty The following is the basis for my findings. During the interview with Lieutenant Cedergren, he told me he did not agree with Sergeant Graham’s initial assessment of using the restraint chair. Lieutenant Cedergren stated he wanted to get Mr. Madrigal out of the WRAP first, so he could see what Mr. Madrigal did, once he was no longer restrained. Lieutenant Cedergren confirmed he did not want to use the restraint chair, until he saw if Mr. Madrigal was going to get aggressive. However, Lieutenant Cedergren also explained he understood anytime an inmate is taken out of restraints, that inmate is not going to be happy, and they are going to want to fight. Lieutenant Cedergren added the only time this was not the case, was when that inmate was at John George Psychiatric Pavilion (JGPP) and the inmate was immediately given a sedative injection, prior to being restrained in five-point restraints. Lieutenant Cedergren’s statement, based on his experience, that anytime you take an inmate out of restraints that inmate is going to want to fight, contradicts his logic and reasoning for what he did that day. Early in the interview, Lieutenant Cedergren stated he wanted to remove Mr. Madrigal from the WRAP to see what Mr. Madrigal was going to do, before he authorized the use of the restraint chair. However, based on Lieutenant Cedergren’s declaration that he knew inmates being taken out of restraints would want to fight, after removing Mr. Madrigal from the WRAP, Lieutenant Cedergren should have immediately planned on transitioning Mr. Madrigal into another restraint device, like the restraint chair. Had Lieutenant Cedergren exercised sound judgment and done this, he could have utilized the readily accessible restraint chair, which would have been the safest and most appropriate option to prevent injury and/or the loss of life to Mr. Madrigal and/or the ITR staff. Having a plan in place like this, or something similar, would have been prudent if safety was Lieutenant Cedergren’s top priority. In Lieutenant Cedergren’s report, he stated he made this determination not to use the restraint chair based on the circumstances known to him at the time. Lieutenant Cedergren specified these circumstances were that Mr. Madrigal was not displaying the type of behavior which could have resulted in the destruction of property or intent to cause harm to himself or others. Page 92 of 117 During Lieutenant Cedergren’s interview, he acknowledged he had already been told Mr. Madrigal had recently ingested mushrooms, a hallucinogen, was arrested for being under the influence of a controlled substance, and previously fought with Fremont PD jail officers. In addition, Sergeant Graham told him Mr. Madrigal was already tensing his body and had not been cooperating with them when they tried to get him out of the WRAP, and he believed Mr. Madrigal intended on fighting them, once he was removed from the WRAP. During Lieutenant Cedergren’s interview, when I confronted him about why he chose not to use the restraint chair after being aware of all this information, he attempted to justify his reasoning by stating while he knew Mr. Madrigal had fought with the Fremont PD officers, he did not know exactly how recently this had occurred. Lieutenant Cedergren also told me he asked Mr. Madrigal if he was “mental” or if he was hearing voices. Mr. Madrigal told him no. Lieutenant Cedergren told me he thought he had no choice but to believe Mr. Madrigal, when he told him this. Lieutenant Cedergren also stated he was not ready to restrain Mr. Madrigal in the restraint chair because he wanted to start with the least intrusive means and the least use of force option. I considered the explanation Lieutenant Cedergren provided to me as an attempt to justify why he chose to disregard Sergeant Graham’s recommendation to place Mr. Madrigal in the restraint chair. The numerous circumstances known to Lieutenant Cedergren at the time easily justified this restraint option. I believe this lapse of judgement on Lieutenant Cedergren’s part shows a lack of competence. The Pro-Straint restraint chair is defined as a chair with equipment designed to restrain, control, and limit the movements of someone who displays hazardous behavior. During Lieutenant Cedergren’s interview, he agreed that an “express” is an inmate who has shown risky or dangerous behavior, otherwise known as hazardous behavior. Furthermore, if Lieutenant Cedergren’s statement that he was unsure how long ago Mr. Madrigal fought with law enforcement was a factor in his decision not to use the restraint chair, he should have clarified this and/or asked additional questions to gain a better understanding of the situation, before he disregarded Sergeant Graham’s recommendation. However, Lieutenant Cedergren neglected to stop and take the requisite time to speak to Sergeant Graham to gain a decent understanding of the details surrounding why Mr. Madrigal had been deemed an “express.” Lieutenant Cedergren also should have asked if there were any additional reasons why Sergeant Graham believed the use of the restraint chair was appropriate. I found it to be incorrect when Lieutenant Cedergren told me he had no choice but to accept Mr. Madrigal at his word, when Mr. Madrigal told him he was not “mental” or hearing voices. I cannot understand why a law enforcement officer with over nineteen years of experience would trust a combative and resistant inmate’s response that he was not mental or hearing voices and then prioritize that information over details that had been provided to him by other sworn Page 93 of 117 officers, merely because he had not personally seen the inmate be aggressive or combative for himself. In Lieutenant Cedergren’s interview, I asked him how much consideration he gave Sergeant Graham’s opinion on how he thought Mr. Madrigal should be handled. Lieutenant Cedergren told me he heard what Sergeant Graham said, but he admitted that was the extent of his conversation with Sergeant Graham. Captain Christy asked Lieutenant Cedergren if he asked Sergeant Graham any clarifying questions to get more detail or any additional information to assist him in making his decision. Lieutenant Cedergren stated, No, cuz at this time, by the – when I – by the, by this time – point right here, when he – I uh, came past the lobby and we had medical out there. I had a pretty good understanding that medical – they believed if this guy needed to be cleared at the hospital, he would have been sent out or he had already been cleared and since we made it to this side – and the doctor I think is Jed, a large Asian guy, he was fine with him, everything – he was ours, we were good to go. So that was my assumption that, he would have never been that far, had he not been fit to come in. So, we are gonna deal with what we have, and keep going. After Lieutenant Cedergren answered this question, it was obvious to me he did not give Sergeant Graham’s recommendation to use the restraint chair any significant consideration. Based on Lieutenant Cedergren’s rambling response, I believe it was apparent Lieutenant Cedergren was struggling to come up with a valid reason as to why he did not adequately discuss the situation with Sergeant Graham, or ask him any further questions, to gain a better understanding of Mr. Madrigal’s hazardous behavior prior to him moving forward with his own idea on how he could handle Mr. Madrigal. In Lieutenant Cedergren’s interview, he stated he did not recall anyone objecting to him not approving the use of the restraint chair. Lieutenant Cedergren even went so far as to say he was not aware Sergeant Graham wanted to use the restraint chair. Only after Captain Christy and I repeatedly asked Lieutenant Cedergren if he was saying he was not aware Sergeant Graham wanted to use the restraint chair, even though Sergeant Graham was the sergeant who asked him for approval to use the restraint chair, did he finally admit he knew Sergeant Graham wanted to use the restraint chair. Lieutenant Cedergren stated he did not ignore Sergeant Graham’s recommendation to use the chair, but he told us, had Sergeant Graham specifically told him he wanted to use the chair, he would have given the option more consideration. I found Lieutenant Cedergren’s initial statement that he was unaware Sergeant Graham wanted to use the restraint chair to be ridiculous. Lieutenant Cedergren later admitted he knew Sergeant Graham wanted to use the restraint chair, however Lieutenant Cedergren added that had Sergeant Page 94 of 117 Graham told him he specifically wanted to use the restraint chair, he would have given this option more consideration than he did. I found this insincere and I believed this statement to be less than credible. I believe Lieutenant Cedergren knew Sergeant Graham thought the restraint chair was the best option to use, as Sergeant Graham wanted to use it. Sergeant Graham asked Lieutenant Cedergren for his approval to use the restraint chair, which was the sole reason Sergeant Graham asked Lieutenant Cedergren to respond to ITR. Furthermore, Sergeant Graham had already coordinated the retrieval of the restraint chair and it had been placed next to the cell and was made ready for use. During Lieutenant Cedergren’s interview, I asked him how much time he took to talk to Sergeant Graham, to ensure he had a good understanding of the situation with Mr. Madrigal, after he arrived on scene. Lieutenant Cedergren told me a few minutes. After this answer was provided, I pulled up Sergeant Graham’s BWC video and I played the portion of video that began as Lieutenant Cedergren arrived on scene in ITR and was contacted by Sergeant Graham. The video showed Lieutenant Cedergren only glanced towards Sergeant Graham as Sergeant Graham told Lieutenant Cedergren that Mr. Madrigal was on mushrooms, Mr. Madrigal was going to fight them, and they were unable to restrain Mr. Madrigal. While Sergeant Graham was telling him this, Lieutenant Cedergren walked right past him and over to Mr. Madrigal. After watching the video, I asked Lieutenant Cedergren if it was more accurate to say he had only talked to Sergeant Graham for closer to three to five seconds – and not the three to four minutes he told me. Lieutenant Cedergren admitted three to five seconds was a more accurate time frame. It was apparent Lieutenant Cedergren did not value Sergeant Graham’s input or opinion on the matter. Lieutenant Cedergren was very dismissive of Sergeant Graham and walked right past him, as if he was not even there. In fact, Sergeant Graham was forced to turn and follow, almost chasing behind Lieutenant Cedergren and talking to Lieutenant Cedergren’s back, as Sergeant Graham continued to try and brief him about the details of the incident. During Lieutenant Cedergren’s interview, I asked him if concerns regarding staff being trained on the use of the restraint chair were ever a factor in his decision to use the chair or not, and he told me no, saying he assumed everyone had recently been trained on the use of the restraint chair within the last month. I asked Lieutenant Cedergren if he ever talked to Sergeant Graham or the deputies on scene, to find out if they had recently been trained on the use of the restraint chair, and he told me no. I asked Lieutenant Cedergren if he discussed the benefits or drawbacks of using the restraint chair, versus other options with Sergeant Graham, once he arrived on scene, and he told me he did not. I asked Lieutenant Cedergren who he did discuss the benefits and drawbacks of using the restraint chair with, before he decided not to use it. Lieutenant Cedergren told me, “No one.” Page 95 of 117 I asked Lieutenant Cedergren how long he had been an ITR supervisor at SRJ, at the time of the incident and he told me less than a month. I asked Lieutenant Cedergren how many “express” inmates he would have dealt with as the ITR supervisor at SRJ, and he told me more than one, but less than ten. I asked Lieutenant Cedergren if it was important for him to know the experience level of the staff who worked for him in key leadership positions, and he told me, yes. I asked Lieutenant Cedergren how long Sergeant Graham worked in ITR as an ITR supervisor, and he told me he had no idea. It was surprising to hear Lieutenant Cedergren did not know how much experience Sergeant Graham had at SRJ as the ITR supervisor or what Sergeant Graham’s level of experience was in this position. With this in mind, I believe it is troubling that Lieutenant Cedergren overrode Sergeant Graham’s plan on how to deal with Mr. Madrigal, when Sergeant Graham was the most experienced ITR sergeant at SRJ and he had been an ITR supervisor for three and half years. Lieutenant Cedergren had only been the ITR Watch Commander for less than a month. To put the level of ITR supervisor experience in perspective, Lieutenant Cedergren told me he had overseen the booking of one to ten “express” inmates at SRJ, while Sergeant Graham had overseen the booking of hundreds of “express” inmates at SRJ. During Lieutenant Cedergren’s interview, I asked him if he was aware whether nursing staff had been able to take Mr. Madrigal’s vital signs and complete his medical assessment or not. Lieutenant Cedergren told me he did not ask, but he assumed the medical staff had. Lieutenant Cedergren was incorrect in this assumption. When Mr. Madrigal was first brought to SRJ and still restrained in the WRAP, Wellpath RN Divinagracia attempted to take Mr. Madrigal’s vital signs, however Mr. Madrigal was non-compliant. He tensed his body and clenched his hands into fists and prevented RN Divinagracia from completing his medical assessment. During Lieutenant Cedergren’s interview, I told him his report indicated he recognized the need to remove Mr. Madrigal from the WRAP to have him further evaluated by the CFMG staff. I asked Lieutenant Cedergren, had Mr. Madrigal been placed in the restraint chair, if the nurses would have been able to do a better medical screening of him than if Mr. Madrigal was handcuffed and locked in a cell. Lieutenant Cedergren told me yes. Lieutenant Cedergren’s actions clearly contradicted his stated intentions in his report. If having Mr. Madrigal further evaluated by medical staff was truly a priority for him, this could have easily been accommodated by placing Mr. Madrigal in the restraint chair. However, Lieutenant Cedergren’s decision to secure Mr. Madrigal in a cell would make a further evaluation of him by medical staff a much harder task. During Lieutenant Cedergren’s interview, I asked him if he and Lieutenant McComas discussed the use of the restraint chair, and he told me, “I do not – believe so.” I asked Lieutenant Cedergren if Lieutenant McComas told him he should use the restraint chair, and he told me he did not recall Lieutenant McComas saying that. I asked Lieutenant Cedergren if he ever told Lieutenant McComas anything like, “We’re not using it now because someone used it incorrectly and management doesn’t want us using it until everyone can get retrained.” Lieutenant Cedergren told me no. Page 96 of 117 I asked Lieutenant Cedergren if he told Lieutenant McComas his plan on restraining Mr. Madrigal in handcuffs while tethered to the door, instead of utilizing the restraint chair, and he told me no. I asked Lieutenant Cedergren if Lieutenant McComas told him it was not a good idea to tether Mr. Madrigal to the door, or if Lieutenant McComas told him he thought the restraint chair should have been used, as it was already set up right next to Mr. Madrigal’s cell. Lieutenant Cedergren told me he did not recall Lieutenant McComas saying that. When Lieutenant Cedergren answered, saying he did not recall Lieutenant McComas telling him it was not a good idea to tether Mr. Madrigal to the cell instead of using the restraint chair, his response was meek and his voice lacked confidence, leading me to doubt his level of truthfulness. I asked Lieutenant Cedergren if he recalled any conversation at all with Lieutenant McComas, regarding the restraint chair, and he told me no. Captain Christy asked Lieutenant Cedergren if he recalled anything at all, regarding talking to Lieutenant McComas, and he told us no. During the interview with Lieutenant Cedergren, I played an audio portion of Lieutenant McComas’ interview, in which Captain Christy asked Lieutenant McComas if he questioned Lieutenant Cedergren about tethering Mr. Madrigal to the door or if they had any discussion regarding this. Lieutenant McComas told us yes, saying that after Lieutenant Cedergren tethered Mr. Madrigal to the door, Lieutenant Cedergren began walking down the hall to the nurse’s office. Lieutenant McComas followed Lieutenant Cedergren, stopped him, and confirmed Lieutenant Cedergren was going to start a restraint log. Lieutenant McComas asked Lieutenant Cedergren how long he planned on having Mr. Madrigal tethered to the door and Lieutenant McComas also reiterated the restraint chair was right next to Mr. Madrigal’s cell, ready to be used, and Lieutenant McComas thought it was the better restraint option. Lieutenant Cedergren told Lieutenant McComas he had done this a hundred times before, it was not a problem, and he would take responsibility for it. I asked Lieutenant Cedergren if this audio clip refreshed his recollection of the conversation he had with Lieutenant McComas, but he told us no, saying he did not recall the conversation. I asked Lieutenant Cedergren if he thought Lieutenant McComas was being untruthful when he told us the details of this conversation. Lieutenant Cedergren told us he had no reason to believe Lieutenant McComas made this conversation up, rather, he just did not recall this specific conversation. I found it interesting Lieutenant Cedergren did not remember the details of any of the conversations he may have had with Lieutenant McComas that day, regarding the restraint chair. I believed his answers were a little too convenient, with respect to how he did not recall Lieutenant McComas confronting him about tethering Mr. Madrigal to the cell, or in Lieutenant Cedergren choosing not to use the restraint chair. While Lieutenant Cedergren denied defending his decision not to use the restraint chair by telling Lieutenant McComas “We’re not using it now, because someone used it incorrectly and management doesn’t want us using it until everyone can get retrained,” I thought Lieutenant Cedergren’s alleged statement that he had done Page 97 of 117 this a hundred times before, it was not a problem, and he would take responsibility for it was particularly interesting, and I noted that Lieutenant Cedergren did not deny making this latter statement or accuse Lieutenant McComas of lying, rather Lieutenant Cedergren just gave the blanket defense answer that he did not recall saying that. During Lieutenant Cedergren’s interview, I asked him if he would regularly move multiple inmates, administrative segregation inmates, or inmates of different classes to housing units. Lieutenant Cedergren told me he would regularly take administrative segregation inmates out to the housing units, but he would not do this while he was also escorting inmates of other classifications. I asked Lieutenant Cedergren if, to the best of his knowledge, he was abiding by the Agency policy and procedures when he did this, and he told me yes. I asked Lieutenant Cedergren to confirm he was saying that if he ever moved inmates out of ITR, outside of the Agency’s policy and procedures, it would have been unintentional. Lieutenant Cedergren told me, “At the moment, we’re getting bodies cleared out of ITR.” I did not notice Lieutenant Cedergren’s sidestep of this question at the time of the interview, but when listening to the audio recording of the interview while writing this report, I realized that when I asked Lieutenant Cedergren if his actions of moving inmates out of policy were ever intentional, he deflected in answering my question. I believe Lieutenant Cedergren’s statement of “getting bodies cleared out of ITR” was a selfjustification as to why he would have intentionally violated the Agency’s policies and procedures, regarding the movement of inmates. This bears significant weight, as this was a chief complaint amongst many of the ITR deputies, that Lieutenant Cedergren would regularly fail to abide by the Agency’s policies and procedures by moving inmates on his own, without telling anyone what he was doing. During Lieutenant Cedergren’s interview, I told him I wanted to talk about his physical involvement in removing Mr. Madrigal from the WRAP. I asked Lieutenant Cedergren if there was a reason why he was trying to adjust the tension strap of the WRAP, instead of directing a deputy to do this. Lieutenant Cedergren told me no, saying he just stepped in and did it. I told Lieutenant Cedergren almost everyone I talked to described him as very “hands on.” I asked Lieutenant Cedergren if this was accurate and he told me, “Yeah. I mean – it – it’s been since day one, so – you can go back and pull – freakin’ stat sheets and – there aint – there’s – to a fault. Let’s just say it’s to a fault.” I thought Lieutenant Cedergren’s statement of admitting his desire be involved “to a fault,” very candid. This showed Lieutenant Cedergren understood his choice to always be actively involved may be detrimental. Page 98 of 117 I asked Lieutenant Cedergren what his opinion was of Sergeant Graham. Lieutenant Cedergren told me he had worked with Sergeant Graham on patrol together at Dublin Police Services (DPS) and he was the polar opposite of Sergeant Graham, in regard to work ethic, productivity, and in showing up to work for the full 84-hour pay period. Lieutenant Cedergren described how he consistently worked more hours than Sergeant Graham did each pay period, and he went so far as to elaborate on how he heard Sergeant Graham was hanging out at his personal residence, instead of working and responding to calls he was assigned, during his normal work shift. Lieutenant Cedergren admitted he did not know if this information he was telling me regarding Sergeant Graham being home when he should have been at work was true, as it was just a rumor he had heard. However, he thought it was significant enough to tell me this information during his Internal Affairs interview. Immediately after telling me this, Lieutenant Cedergren told me he did not dislike Sergeant Graham and he stated he got along with him. However, Lieutenant Cedergren told me he considered himself to be a very “hands on” supervisor, and he told me Sergeant Graham appeared to be very “hands off-ish,” who he thought was very willing to just follow along. Lieutenant Cedergren stated in one of the last arrests he made with Sergeant Graham he offered to give Sergeant Graham the arrest for statistical purposes, but Sergeant Graham told him no. Lieutenant Cedergren believed Sergeant Graham did not want anything to do with the arrest, rather he just wanted to be present on scene. In addition, Lieutenant Cedergren told me he was amused when he learned Sergeant Graham went to the Alameda County Narcotics Task Force (ACNTF), as he did not think Sergeant Graham had ever made a narcotic related arrest in his life. Lieutenant Cedergren reiterated he did not dislike Sergeant Graham, rather they just had a different work ethic. I formed the impression that Lieutenant Cedergren wanted me to know he was much more productive and a harder worker than Sergeant Graham, so I would possibly conclude he was a better employee. Along the same vein, Lieutenant Cedergren appeared very proud and boastful, lending credibility to the idea that any other supervisor who was not “hands on,” was not as good as he was. I was skeptical of Lieutenant Cedergren’s constant reassurance he did not dislike Sergeant Graham, given the constant barrage of criticism he had for Sergeant Graham’s character and work ethic. Captain Christy told Lieutenant Cedergren, as a lieutenant, he would have expected Lieutenant Cedergren to have taken more of a supervisory role and not go “hands on,” but rather, manage the situation and take a more outside approach. Lieutenant Cedergren responded by nodding his head up and down and saying, “Yes, yes.” Captain Christy asked Lieutenant Cedergren if there was a reason he felt it was necessary to do the work himself. Lieutenant Cedergren stated, “That’s just how I am. I – like to be involved and Page 99 of 117 – I thought that was the least minimal, invasive way, and that’s – at that moment – the best way to address it. So – shame on me for being involved and thinking I had a better way.” Captain Christy told Lieutenant Cedergren that even if he wanted to do this his own way, he could have done more directing, so he could have gotten a more comprehensive feeling for what was happening. Lieutenant Cedergren replied, “True. In hindsight – yeah.” I believe Lieutenant Cedergren’s decision to go “hands on” with Mr. Madrigal showed poor judgment, and a lack of the most basic and fundamental leadership skills. There was no justifiable reason for Lieutenant Cedergren to physically insert himself in removing Mr. Madrigal from the WRAP. It is obvious he let his desire to get involved overpower his responsibility to manage the incident, as he failed to even devise a plan or tell the other deputies, who he was trying to assist, what his intentions were. By abandoning his role as a lieutenant and adopting more of a deputy role, he lost sight of his most important responsibility, the need for him to supervise. As the ITR Watch Commander, he should have gathered all the facts and assessed the situation, and then he could have allowed his ITR Sergeant to manage the booking of Mr. Madrigal, while he oversaw the event. During Lieutenant Cedergren’s interview, I asked him how he came up with the decision to attach the ankle restraints between Mr. Madrigal’s handcuffs. Lieutenant Cedergren stated he had used this technique numerous times before, as it was a method that was taught. Lieutenant Cedergren stated he used this technique to limit Mr. Madrigal’s movement, by holding him against the door to complete a search. I asked Lieutenant Cedergren if using the chains to pull Mr. Madrigal against the door was enough to hold him against the door, or if a deputy had to also push Mr. Madrigal back against the door. Lieutenant Cedergren told me he did not know if a deputy had to physically push or hold Mr. Madrigal against the door. I asked Lieutenant Cedergren if it would surprise him to know Deputy Rhoades had to exert significant effort to hold Mr. Madrigal’s upper body against the door, while she also told Mr. Madrigal to stop resisting. I offered to show Lieutenant Cedergren the video from Deputy Rhoades’ BWC, but he declined. Lieutenant Cedergren told me he believed Deputy Rhoades had to exert significant effort to hold Mr. Madrigal against the cell door. Earlier, Lieutenant Cedergren stated he reserved his decision on deciding whether to utilize the restraint chair, depending on how Mr. Madrigal reacted when he was being removed from the WRAP. However, Lieutenant Cedergren failed to realize Mr. Madrigal was continuing to struggle and resist, as he tried to push off the cell door, while deputies fought to control his movement as they removed him from the WRAP. This awareness failure was directly attributed to Lieutenant Cedergren’s decision to get involved and go “hands on” with the other deputies. Had Lieutenant Cedergren maintained his supervisory role as the ITR Watch Commander, he would have seen this, which would have assisted him in making a better determination as to whether the restraint chair should have been used or not. I asked Lieutenant Cedergren if he had been taught to secure ankle restraints around an inmate that had been handcuffed behind the back, and then pull that inmate against the door through the Page 100 of 117 cuffing port, while using the door as a shield. Lieutenant Cedergren told me he had done it on different extractions, it had been taught, and he talked about this technique as a Jail Training Officer (JTO) Sergeant in 2005. I asked Lieutenant Cedergren if the technique was taught in a class, or if it was passed along as a jail technique, and he told me it was passed along as institutional knowledge. I asked Lieutenant Cedergren if the technique was taught in the police academy, and he told me it was not. I asked Lieutenant Cedergren if any defensive tactics instructors taught the technique. Lieutenant Cedergren stated it was his understanding it was taught in classes by the defensive tactics’ instructors, based on a brief conversation he had with Sergeant Sylvester. Captain Christy asked Lieutenant Cedergren what class Sergeant Sylvester instructed which taught the technique. Lieutenant Cedergren stated “Use of force” classes with trainees in the JTO program. Lieutenant Cedergren also confirmed Sergeant Sylvester presented the technique in the Core Course curriculum, and he had assisted in teaching the technique as a JTO Sergeant. I asked Lieutenant Cedergren what the purpose was for using the technique, and he told me he would use the technique to control an aggressive inmate or an inmate who was prone to violence. Lieutenant Cedergren stated he used the practice to search an inmate before the inmate went into the cell. He also stated, he could use the technique to hold the inmate against the door, so when the cell door was shut, the inmate was pulled into the cell with the closing of the door. I asked Lieutenant Cedergren if there were any other situations where it would be beneficial to use the technique, and he told me these were the only two reasons he was aware of. I asked Lieutenant Cedergren what was taught when an inmate resisted or refused to cooperate from inside the cell and the deputies were unable to pull the inmate against the door to remove the ankle restraints from around the handcuffs. Lieutenant Cedergren told me he did not know what was taught in that instance. I told Lieutenant Cedergren, if I understood him correctly, he was saying he showed the technique to new deputies, telling them it was a technique they could use. However, I asked Lieutenant Cedergren what he taught them to do when the technique did not work, and the inmate refused to allow the deputies to remove the ankle restraints from their handcuffs. When Lieutenant Cedergren did not immediately answer me, I asked him if this technique was effective one hundred percent of the time. Lieutenant Cedergren told me no. I asked Lieutenant Cedergren again, what he taught the deputies to do to resolve the issue when the technique he taught them was not effective. Lieutenant Cedergren stated, if the inmate did not want to be compliant, he would advise them to give the inmate time to change their mind. Lieutenant Cedergren went on to explain he believed that was the purpose of the restraint log, to watch the inmate and wait for them to comply. Lieutenant Cedergren added, when it got to a certain point, and the inmate still had not complied, he would switch to another plan and go into the cell and remove the ankle restraints, regardless of whether or not they needed to use force to accomplish this. I told Lieutenant Cedergren, he had just said when it reached a “certain point” he would go back inside and remove the ankle restraints. I asked Lieutenant Cedergren what was the “certain point.” Lieutenant Cedergren told me it was generally less than four hours. I told Lieutenant Page 101 of 117 Cedergren, if I understood him correctly, he was saying in the instances when he applied ankle restraints to an inmate’s handcuffs and the inmate refused to surrender the ankle restraints, he would give that inmate up to four hours to change his mind and comply; in the instance the inmate did not comply within four hours, he would open up the door and go back inside the cell and remove them. Lieutenant Cedergren replied, “Not – not four hours, in a hard, fast rule.” I asked Lieutenant Cedergren what the hard, fast rule was, and he told me, in this specific case, it was the end of the shift, as he did not want to leave this for the next shift. I again asked Lieutenant Cedergren what he taught the deputies to do when this technique did not work. Lieutenant Cedergren told me, “They’re never – that was never taught. I – I have no idea what Scott taught, at that point, either. I wasn’t.” I told Lieutenant Cedergren I believed he told me he had taught this technique. He interrupted me and told me he never taught this technique; rather, he had only seen the technique. Lieutenant Cedergren stated he had only witnessed the technique and utilized it, but he had never actually been the instructor who taught it. I asked Lieutenant Cedergren if that meant he never showed anyone else how to do it. Lieutenant Cedergren told me he had applied it, but he had never instructed anyone else how to do it in a formalized setting. I asked Lieutenant Cedergren if he was saying his understanding was that the technique was taught, but when it failed to work as designed, he did not know what to do. Lieutenant Cedergren responded to this question by telling me about a previous incident Sergeant Sylvester had relayed to him. In this incident, when the inmate refused to cooperate and surrender the ankle restraints and handcuffs by backing up to cuffing port of the cell door, the deputies had to open the door and enter the cell to forcibly remove the restraints. I told Lieutenant Cedergren I had also talked to Sergeant Sylvester, who told me the technique was taught, but only as a temporary means to restrain an inmate for the purposes of searching an inmate. I told Lieutenant Cedergren that Sergeant Sylvester was adamant it was never taught, under any circumstances, that it was okay to tether an inmate to the door and walk away from the inmate. Lieutenant Cedergren told me he thought this was a fair statement and he would believe this. I asked Lieutenant Cedergren if it was fair to say the act of attaching the ankle restraints to the inmate’s handcuffs was a technique he was taught, but leaving the inmate tethered to the door was not taught. Lieutenant Cedergren told me yes, however he said he thought leaving the inmate tethered to the door was a reasonable solution, at that time. While Lieutenant Cedergren’s decision to attach ankle restraints to Mr. Madrigal’s handcuffs was a technique that was taught and used in the jail, it was only taught as a temporary means to maintain control of an uncooperative inmate. This information was confirmed by Sergeant Sylvester, who taught it for the JTO program. Lieutenant Cedergren was never taught to tether inmates to the door, nor was he taught to leave an inmate tethered to the door, for any reason. Lieutenant Cedergren’s personal decision to do so turned out to be a fatal one. After Lieutenant Cedergren secured Mr. Madrigal in the cell, and then realized Mr. Madrigal was not going to cooperate and surrender his restraints, he should have immediately stopped what he was doing and come up with an alternative solution. Page 102 of 117 Lieutenant Cedergren could have re-assessed and discussed his options with his ITR Sergeant, the SRJ Watch Commander, and even the ITR deputies, all of whom were on scene and had significantly more experience in dealing with uncooperative inmates than he did. However, Lieutenant Cedergren neglected to seek out anyone else’s input or advice. During Lieutenant Cedergren’s interview, I asked him why he did not just open Mr. Madrigal’s cell door and lay Mr. Madrigal on the ground, facedown, and then remove the ankle restraints. Lieutenant Cedergren replied, “Couldn’t tell you.” I told Lieutenant Cedergren that I had spoken to multiple deputies, who told me Mr. Madrigal was only being passively resistant, and there was no apparent reason why they could not have simply gone back inside Mr. Madrigal’s cell to remove the ankle restraints. I asked Lieutenant Cedergren why he did not want to go back inside Mr. Madrigal’s cell after he was unable to remove the ankle restraints from Mr. Madrigal’s handcuffs. Lieutenant Cedergren told me he thought Mr. Madrigal would become compliant, and they would be able to remove his restraints without having to re-open Mr. Madrigal’s door and go back inside the cell. Lieutenant Cedergren added, he thought somebody would second-guess him for going back inside the cell, instead of just waiting for Mr. Madrigal to comply. I told Lieutenant Cedergren the problem with his statement was that our agency did not teach staff to tether inmates to the door and “wait them out.” Once Lieutenant Cedergren realized his technique was not going to be successful to secure Mr. Madrigal in the cell without restraints, he should have immediately gone back inside the cell and retrieved the handcuffs and ankle restraints. According to statements from the sworn staff on scene, Mr. Madrigal was only being passively resistant and there were no reason deputies could not have re-entered the cell and retrieved the restraints, most likely with minimal to no force used. Even if the retrieval of the restraints would have necessitated substantial force, this action was necessary to prevent the risks associated with leaving Mr. Madrigal tethered to the door in handcuffs with ankle restraints. During Lieutenant Cedergren’s interview, I asked him why, at this point, he did not use the restraint chair, as it had already been set up and was right next to Mr. Madrigal’s cell. Lieutenant Cedergren told me he did not think there was a conscious reason why he decided not to use it, but he supposed he should have erred on the side of caution and used it. I asked Lieutenant Cedergren if he was aware that every deputy present on scene in ITR, as well as Sergeant Graham and Lieutenant McComas, were all surprised when he chose not to use the restraint chair, and he told me, “I could see they would be surprised, now – yeah.” However, Lieutenant Cedergren went on to say that he did not see any visual signs of their disagreement, he did not see anyone shaking their heads in a “no” motion, nor did he remember anyone telling him to stop or to re-think his actions. I asked Lieutenant Cedergren to clarify he was saying that he did not see anyone disagreeing with what he was doing, and he told me, “Not that I – openly saw – no.” Lieutenant Cedergren admitted he understood how everyone on scene was surprised, when did not approve Mr. Madrigal’s placement in the restraint chair. It was interesting to me that once Lieutenant Cedergren’s attempts to secure Mr. Madrigal in a cell unrestrained proved unsuccessful, he failed to reassess and/or reconsider his decision not to use the restraint chair. Page 103 of 117 Lieutenant Cedergren’s statements that he did not see anyone openly disagreeing with him or challenging him as justification for going forward with his decision to leave Mr. Madrigal chained to the door came across as an attempt at self-justification for the improper decision he made that day. I asked Lieutenant Cedergren if he thought Sergeant Graham was okay with his decision not to approve the use of the restraint chair. Lieutenant Cedergren told me, “Yeah, cuz he didn’t voice any different opinion or say anything else, he – stood there.” I thought Lieutenant Cedergren’s reasoning for why he thought Sergeant Graham was okay with his decision not to approve the restraint chair, based solely on Sergeant Graham not objecting or confronting him, did not have a strong foundation. During Lieutenant Cedergren’s interview, I told him that, in watching video from several of the deputies BWC’s, as well as Sergeant Graham’s BWC, it was apparent to me no one else had any idea of what to do regarding how Lieutenant Cedergren wanted them to restrain Mr. Madrigal in the handcuffs and ankle restraints. I told Lieutenant Cedergren it seemed like he was constantly talking to the deputies, directing them, and having to explain what he wanted them to do, as he showed them what he was talking about. I asked Lieutenant Cedergren if that was a fair assessment, and he told me yes. I asked Lieutenant Cedergren if it was likely none of the deputies present had ever restrained an inmate in a similar manner, and he told me yes. I asked Lieutenant Cedergren if he believed Sergeant Graham or Lieutenant McComas had ever restrained anyone else in the same manner as Mr. Madrigal, and he told me no. The apparent fact that no one else had any idea how to restrain Mr. Madrigal in the way Lieutenant Cedergren wanted him restrained, coupled with Lieutenant Cedergren’s realization that no one had ever restrained Mr. Madrigal in a similar manner, should have been enough to have given him pause. It is of interest to me as to why he thought he knew better than anyone else what to do in this situation, when he had so little ITR supervisor experience, and he was surrounded by staff who practiced and understood exactly what the right thing was to do. During Lieutenant Cedergren’s interview, I told him according to his report he left Mr. Madrigal in his cell about 1437 hours and the next time he returned to Mr. Madrigal’s cell, to check on him was 1650 hours. Lieutenant Cedergren confirmed this was correct. I asked Lieutenant Cedergren if it ever concerned him that over two hours had elapsed and there was still no resolution regarding getting Mr. Madrigal out of the restraints. Lieutenant Cedergren told me yes, saying he was going to resolve it. I asked Lieutenant Cedergren why he failed to do anything to resolve it. Lieutenant Cedergren told me he no longer had the same number of deputies available to help him, and since he was not going to open the door to deal with Mr. Madrigal by himself, he decided to wait until the 1700 hours muster let out and then he would have the necessary staff available to help him. I asked Lieutenant Cedergren if he also saw Mr. Madrigal had maneuvered his handcuffs from behind his back to the front of his body, and he told me yes. I asked Lieutenant Page 104 of 117 Cedergren if this increased his concern, and he told me yes. I asked Lieutenant Cedergren why it increased his level of concern. Lieutenant Cedergren told me, “Because now that they’re to the front – most – he has some flexibility and that he has a longer reach on that chain – to get to where he needs to be.” I asked Lieutenant Cedergren what Mr. Madrigal could do, now that he had that slack in the chain. Lieutenant Cedergren told me, “Eventually what he did.” I asked Lieutenant Cedergren if, with this information in mind, there was a reason why he did not just stay there and radio for deputies to respond and assist him in solving the problem. Lieutenant Cedergren told me, “No there’s not – cuz he – in looking at the log, he’d been – copacetic to that point, so.” I asked Lieutenant Cedergren to clarify if he was saying had he been notified earlier that Mr. Madrigal maneuvered his handcuffs to the front of his body, he would have recognized it as a significant concern and with ample staff present, he would have immediately addressed it, and he told me yes. I asked Lieutenant Cedergren if, when he saw this at 1650 hours, he still recognized it as an immediate concern, and he told me yes. I asked Lieutenant Cedergren if he was saying the reason he did not immediately address it was because he did not have the necessary staff to assist him, and he told me yes. Lieutenant Cedergren told me he was not going to address it by himself, and Deputy Mineo was fingerprinting inmates, so he had to wait for Deputy Mineo to finish before Deputy Mineo would have been able to assist him. I told Lieutenant Cedergren when he and Deputy Ross checked on Mr. Madrigal at 1720 hours and Mr. Madrigal was not responsive, it was obvious Deputy Ross thought it was possible Mr. Madrigal had used the chain of the ankle restraints to strangle himself. I asked Lieutenant Cedergren if he failed to realize it was possible. Lieutenant Cedergren told me, “I realized it was possible then, but originally – no – when his hands to the back, no. It – it takes – I’d never even dreamed he would slip to the front, cuz most people – don’t.” I told Lieutenant Cedergren I was asking him if he thought it was possible for Mr. Madrigal to use the chain of the ankle restraints to strangle himself, after he realized Mr. Madrigal had maneuvered his handcuffs to the front of his body and there was now slack in the chain. Lieutenant Cedergren told me, “Yeah, now it was a possibility – cuz that’s why I wanted to take him out of there. Yes.” In my opinion, this was a particularly damning answer for Lieutenant Cedergren, as he just admitted that once he saw Mr. Madrigal had maneuvered his handcuffs to the front of his body, he now realized Mr. Madrigal could use the chain of the ankle restraints to strangle himself. There is no excuse for Lieutenant Cedergren failing to immediately address this concern. Lieutenant Cedergren could have simply stayed by the cell, visually monitoring Mr. Madrigal, until a sufficient number of staff were available. Page 105 of 117 I asked Lieutenant Cedergren, again, why he failed to immediately do something to resolve the issue. When Lieutenant Cedergren did not instantly answer me, I asked him if he was afraid no one would have responded, if he had radioed for additional deputies. Lieutenant Cedergren told me, “I don’t know – I didn’t ask, but I know –.” At this point, I interrupted Lieutenant Cedergren and asked him about his answer. Right after I interrupted Lieutenant Cedergren, he told me, “I don’t know why I didn’t – I – deputies come when you ask, yes – yes. Even on what you have on staff, and all that – yes... but see, I – not to justify it – again, you look at the log – standing, standing, standing, so I had no idea when he slipped. I should have stayed there, but had I known earlier …” Lieutenant Cedergren stated when he saw Mr. Madrigal had maneuvered his handcuffs to the front of his body, he recognized it as an immediate concern. He also admitted that once he realized there was now increased risks because of this, he never should have left Mr. Madrigal’s cell, without addressing this safety concern. Having this in mind, I asked Lieutenant Cedergren why he failed to address this, at that time. Lieutenant Cedergren stated he did not have adequate staff available to assist him in addressing this, which I viewed as a very weak excuse in defense of his failure to act. I asked Lieutenant Cedergren if he was saying he thought deputies would not have responded if he had asked for assistance on the radio, and he began to tell me he did not know. Lieutenant Cedergren finally conceded that had he asked for assistance, he knew deputies would have responded to assist him. In addition, Lieutenant Cedergren admitted that he did not know why he failed to ask for assistance when he should have. Lastly, Lieutenant Cedergren admitted, once he realized there were increased risks posed with Mr. Madrigal maneuvering his handcuffs to the front of his body, he never should have left Mr. Madrigal’s cell, without addressing the problem. In our profession, anytime a deputy sheriff, much less a member of command staff, asks for assistance, any and all available deputies will respond. In fact, oftentimes even busy deputies will stop what they are doing and respond to assist. In my opinion, it was clear to me that Lieutenant Cedergren knew how incriminating his answer was and he was desperately trying to avoid admitting that he could have simply asked for assistance and he would have gotten it. During Lieutenant Cedergren’s interview, I told him after he discovered Mr. Madrigal had strangled himself with the chain of the ankle restraints, he appeared flustered and overwhelmed. I told Lieutenant Cedergren he repeated and excessively exclaimed the word “fuck.” I asked Lieutenant Cedergren if it was at that point, he realized he made a serious error in tethering Mr. Madrigal to the door and he told me yes, saying it was an “epic” mistake and he was clearly panicked and overwhelmed with the whole situation. Page 106 of 117 I asked Lieutenant Cedergren if, in hindsight, he believed it would have been a better option to have used the restraint chair versus tethering Mr. Madrigal to the door with ankle restraints and he told me, “It would have been a better option to do something different, which might have included the restraint chair. Could have been simple – as you said, open the door and make him lay on the floor.” I told Lieutenant Cedergren, right after this happened, he grabbed the restraint log and forcefully exhaled, as he looked at the log. I asked Lieutenant Cedergren what was upsetting to him, and he told me he was upset because he had to make the “Code 3” entry and he realized this was “the ultimate ‘oh fuck’ moment, where you own it – nothing good is going to come of it – you’re fucked.” I asked Lieutenant Cedergren if he was speaking candidly in our interview; if he was admitting responsibility for what happened, as if to say, I own this moment, like “I fucked up. I own it.” Lieutenant Cedergren told me, “Oh, it’s – owned. It’s gonna – I know it’s gonna come back to me – I – I have, I’ve had – we’ll get into that part about – different conversations. I’ll let you finish up what you had – cuz.” I told Lieutenant Cedergren the definition of negligence was failing to take the proper care of something and I asked him if he believed he was negligent in his actions as a supervisor that day. Lieutenant Cedergren stated, at the time, he thought he was doing the right thing; however, he admitted that now, he recognized his actions that day were negligent. I believed Lieutenant Cedergren was being very candid when he acknowledged he lost his composure that day, after finding Mr. Madrigal unresponsive, and he came to terms with the gravity of his error in judgement and understood he was going to be held responsible for the results. When I asked him to tell me if he would summarize the decisions he made that day as a supervisor and the actions he took as negligent, he carefully pondered his actions and then admitted he was negligent. During Lieutenant Cedergren’s interview, I told him after he tethered Mr. Madrigal to the door and pushed him inside the cell, he walked over to Deputy Comfort and specifically told him he did not want to use the restraint chair. I asked Lieutenant Cedergren what it was about the restraint chair that made him not want to use it. Lieutenant Cedergren stated it was because he had only been briefly trained on the restraint chair, he had never seen the restraint chair used, he wasn’t familiar with the restraint chair, Sergeant Moschetti told him about problems he had in using the restraint chair in a past incident, and, at the time, he did not think it was the best option to use. Page 107 of 117 I summed up Lieutenant Cedergren’s response aloud, by saying it sounded like his overall reason for not using the restraint chair was a lack of familiarity with it. However, Lieutenant Cedergren summed up his answer by saying the reason he did not use the restraint chair was not necessarily because he wasn’t familiar enough with the restraint chair, but more so because he just did not believe in it. I asked Lieutenant Cedergren if he needed to understand every detail of how something worked, before he could authorize someone else to use it. When Lieutenant Cedergren did not answer me, I provided an example of my work computer malfunctioning and me not knowing the intricacies of how to fix it. I explained that in this instance, I would call someone from IT and have them fix it. I asked Lieutenant Cedergren if I needed to understand exactly what they were doing to fix my computer or if it would be acceptable to trust in the process that has been put in place and allow the IT staff to fix my computer, while overseeing the repair. Lieutenant Cedergren told me in that instance, it would be permissible. However, he stated if the scenario involved liability like teaching someone how to fire a gun that did not know how to fire a gun, then no. I found Lieutenant Cedergren’s analogy confusing and very different than the analogy I had just presented to him. Not only was Sergeant Graham familiar with the restraint chair, but Sergeant Graham also knew how to use the restraint chair, his team of deputies knew how to use the restraint chair, and everyone had just received formal training on the restraint chair at the summer range program. In addition, Sergeant Graham had personally conducted recent muster training on how to use the restraint chair with the deputies in ITR. If Lieutenant Cedergren authorized the use of the restraint chair, he did not need to teach anyone how to use it, the only liability he would have incurred would have been if he allowed to be used, when there was no reasonable justification for using it, which was objectively not the case involving Mr. Madrigal. I told Lieutenant Cedergren that in specifically talking about the restraint chair, I asked him if he needed to know exactly how the restraint chair functioned, such as which button to push, which belt to pull, or which clip went where, to supervise the use of the restraint chair, but he did not answer me. I asked Lieutenant Cedergren again, if he needed to know exactly what everything on the restraint chair did, to supervise its use. Lieutenant Cedergren told me, “It would be nice to – but I don’t – before I put my faith in somebody else – yes.” I told Lieutenant Cedergren that it may be nice to know everything about the restraint chair, but I asked him again, as a lieutenant, if he needed to know exactly how everything on the restraint chair worked, before he could authorize its use. Lieutenant Cedergren stated, “As a lieutenant in general – no, for me – I would want to know.” Page 108 of 117 Lieutenant Cedergren was very resistant to admit the simple fact that as a supervising lieutenant it was not necessary to know exactly how to manipulate every function of the restraint chair before he could have authorized its use. At the end of his statement, he admitted while it was not necessary for lieutenants to know this, he still decided it was necessary to him, for him to know everything about the restraint chair before he would authorize its use for his own personal reasons. I told Lieutenant Cedergren, in speaking to almost everyone else involved, the most reasonable answer other people gave me, as to why they thought he did not use the restraint chair, was because he was “running the show” and he was not going to bring in a device he did not know how to operate. I asked Lieutenant Cedergren if it was fair to say his lack of familiarity with the restraint chair was a significant factor in his decision not to use it, and he said yes. It was clear to me Lieutenant Cedergren appeared steadfastly opposed to using the restraint chair, and nothing was going to change his mind. I believe the main reason Lieutenant Cedergren did not want to use the restraint chair was because it was “new” to him, and he did not understand how it functioned. Lieutenant Cedergren, by his own admission, preferred to step outside of his supervisory role to go “hands on,” and without a working knowledge of how to manipulate the various functions of the chair, I believe he knew he would be unable to physically assist and secure Mr. Madrigal in the restraint chair, nor would he be able to continue his micromanaging of the ITR staff on scene. During Lieutenant Cedergren’s interview, I asked him to confirm he attended the summer range training program on May 29, 2019, which covered the use of the restraint chair. Lieutenant Cedergren told me he did, saying he remembered Sergeant Smitherman had covered the Agency policy on the use of the restraint chair and she demonstrated how the restraint chair worked. While Lieutenant Cedergren stated he remembered the time of classroom instruction went less than the time allotted for covering the restraint chair, he told me he never raised any concerns about his understanding of the restraint chair and how it worked to her, either inside or outside of the classroom. Not only did Lieutenant Cedergren receive formalized training on the restraint chair only a few weeks before the incident, but so did his entire ITR staff. In addition, Sergeant Graham was very familiar with the restraint chair, and he knew how to use it. Also, Sergeant Graham had personally conducted recent muster training on how to use the restraint chair for the deputies in ITR. If Lieutenant Cedergren authorized the use of the restraint chair, he did not need to teach anyone how to use it, the only liability he would have incurred would have been if he allowed it to be used, when there was no reasonable justification for using it, which was certainly not the case involving Mr. Madrigal. It is also worth noting, Sergeant Graham was not asking Lieutenant Cedergren to assist in placing Mr. Madrigal in the restraint chair. He was only asking for authorization to use Page 109 of 117 the restraint chair, as he was required to do, after making a full assessment of the situation, something Lieutenant Cedergren neglected to do. During Lieutenant Cedergren’s interview, I asked him if he ever called his supervisor and talked to him, right after this incident occurred. Lieutenant Cedergren stated he called Captain Mattison and told him Mr. Madrigal had been restrained to the door and he had had hung himself. I asked Lieutenant Cedergren if he told Captain Mattison something had happened, it was his fault, and an inmate was likely to die as a result. Lieutenant Cedergren told me he did not specifically remember saying that, but he admitted he could have said that. I asked Lieutenant Cedergren if he remembered telling Captain Mattison the reason he chose not to use the restraint chair, and he told me no. I told Lieutenant Cedergren, Captain Mattison told me Lieutenant Cedergren stated he was uncomfortable using it. Lieutenant Cedergren told me he did not recall saying that, but he admitted it was possible he had said that or something like that. I asked Lieutenant Cedergren if Captains Mattison, Hesselein, or Russell ever told him not to use the restraint chair, and he told me no. I asked Lieutenant Cedergren if anyone in a management position ever told him not to use the restraint chair, and he told me no. I asked Lieutenant Cedergren if he and Sergeant Graham ever got into a disagreement with how Mr. Madrigal was ultimately restrained, and he told me no, not that he recalled. I asked Lieutenant Cedergren if Sergeant Graham ever asked him why he did not approve the use of the restraint chair, and he told me no, saying not specifically; however, Lieutenant Cedergren admitted Sergeant Graham may have asked him, but he did not specifically recall this happening. I told Lieutenant Cedergren Sergeant Graham told us he confronted him about why he had not authorized the use of the restraint chair, to which Lieutenant Cedergren told him, “The captain didn’t want deputies using the restraint chair, as they had problems with it the other night and policy still needed to be worked out on it.” Lieutenant Cedergren stated, he had no idea which captain it would have been who told him that and he added that the policy on the restraint chair had been revised several times before it was finalized. Lieutenant Cedergren said if Sergeant Graham had made this statement, it might have been his understanding that he was told this. Captain Christy asked Lieutenant Cedergren if he was saying he did not tell Sergeant Graham that someone in management told him not to use the chair until they got additional training. Lieutenant Cedergren said he did not even know who this person in management would have been, but he also stated it was possible he did tell Sergeant Graham this and he just did not remember that occurring. Page 110 of 117 I asked Lieutenant Cedergren if he ever told Lieutenant McComas that management did not want deputies using the restraint chair because there were problems with it the last time it was used, and the policy still needed to be worked out. Lieutenant Cedergren stated he could have mentioned the story Sergeant Moschetti told him to Lieutenant McComas, but he did not specifically remember anyone in management ever saying yes or no to using the restraint chair. I asked Lieutenant Cedergren if he remembered talking to Lieutenant McComas about management not wanting deputies to use the restraint chair, and he told me no, saying he could have said it in passing, but he did not specifically remember saying that. I asked Lieutenant Cedergren what reasoning or justification he provided Sergeant Estep, as to why he did not authorize the use of the restraint chair. Lieutenant Cedergren told me he did not know. I asked Lieutenant Cedergren if he ever told Sergeant Estep that the way he had restrained Mr. Madrigal was the same way he had restrained inmates in the past, and he did not think it was necessary to use the chair. Lieutenant Cedergren told me, “It’s possible.” I asked Lieutenant Cedergren if that sounded like something he would have said, and he told me, “It could be – yeah.” I asked Lieutenant Cedergren if he told Sergeant Estep something similar to, “In the old days we used to cuff people in this manner. It’s not necessary to use a chair, I’ve done it this way before and it was fine.” Lieutenant Cedergren stated while he did not remember using those specific words, he assumed he did have a conversation with Sergeant Estep saying something like that, when Sergeant Estep would have checked in with him that day. According to previous interviews, Sergeant Graham stated he confronted Lieutenant Cedergren and asked him why he did not authorize the use of the restraint chair, to which Lieutenant Cedergren told him “the captain” did not want deputies using the restraint chair because of problems deputies had with it, and the necessity of policy changes that needed to be addressed. Lieutenant McComas stated he confronted Lieutenant Cedergren about his decision not to use the restraint chair, to which Lieutenant Cedergren told him that management did not want deputies using the restraint chair, because there were problems with it the last time it was used, and the policy still needed to be worked out on it. Sergeant Estep stated Lieutenant Cedergren told him the reason he decided not to use the restraint chair was because the way Lieutenant Cedergren had restrained Mr. Madrigal was the same way he had restrained inmates in the past, and he did not think it was necessary to use the restraint chair. Captain Mattison stated Lieutenant Cedergren had called him right after this incident and told him the reason he chose not to use the restraint chair was because he was uncomfortable using it. Page 111 of 117 While Lieutenant Cedergren told me he did not specifically recall most of these conversations taking place, he admitted that it was possible all of these conversations had occurred. Sergeant Graham and Lieutenant McComas both told me they attempted to verify Lieutenant Cedergren’s statement, that a captain or someone in management told Lieutenant Cedergren they did not want the deputies in ITR to use the restraint chair because of issues with the chair and/or policy changes that needed to occur, but they were unable to verify anyone told Lieutenant Cedergren that. I found this troubling, as I strongly doubt Sergeant Graham, Lieutenant McComas, Sergeant Estep, and Captain Mattison all lied to me in their interviews. It is my belief Lieutenant Cedergren fabricated the story that a captain or anyone in management told him not to use the restraint chair, when he told Sergeant Graham and Lieutenant McComas this in an effort to justify his reasoning for not using the restraint chair. When I relayed the information from the interview, where Lieutenant Cedergren told Sergeant Estep he did not use the restraint chair because he had tethered inmates to the door before, and he did not think the restraint chair was necessary, Lieutenant Cedergren admitted this sounded like something he may have said. When Lieutenant Cedergren told Captain Mattison he did not use the restraint chair was because he was uncomfortable using it, he also admitted this, or something similar, was something he may have said. Based on the above findings, as to the allegation that on June 10, 2019, Lieutenant Cedergren was negligent in his duties as the ITR supervisor, I conclude the following: SUSTAINED. Page 112 of 117 As to the allegation that on June 10, 2019, Lieutenant Cedergren handcuffed Mr. Madrigal to a cell door and then left him there as punishment for not cooperating with the deputies during the booking process, I conclude the following: NOT SUSTAINED. The following is the basis for my findings. During Lieutenant Cedergren’s interview, I asked him if he could understand how the act of leaving an inmate chained to the door, could be considered cruel and unusual and he told me yes. I asked Lieutenant Cedergren if he left Mr. Madrigal tethered to the door for over two hours as a form of punishment for not cooperating with him, and he told me no, saying he would have been able to remove Mr. Madrigal at any time, whenever Mr. Madrigal became compliant. While Lieutenant Cedergren told me he understood how someone else could view the act of him tethering Mr. Madrigal to the door as cruel and unusual, he told me this was not his intention. Rather, Lieutenant Cedergren stated he only intended to leave Mr. Madrigal tethered to the door until he cooperated. In addition, Lieutenant Cedergren confirmed a restraint log was started, to ensure deputies checked on Mr. Madrigal on a regular basis. I showed Lieutenant Cedergren video of a previous incident he was involved in, which occurred on July 23, 2017, in Housing Unit 2, on the east side of the housing unit, in F-Pod. This video was from video of Deputy Ahlf’s BWC, which documented an inmate who refused to lock down in his cell, while deputies and Sergeant Aniasco talked to the inmate through the open cuffing port of the F-Pod door. Lieutenant Cedergren arrived on scene and approached the inmate and asked him what his name was. As the inmate extended his wrist, so Lieutenant Cedergren could read his wristband, Lieutenant Cedergren reached through the open cuffing port and grabbed the inmate’s wrist and pulled it out of the door and ordered deputies to open the door. Once deputies did, Lieutenant Cedergren assisted deputies in pulling one of his arms around the door, before he handcuffed the inmate’s wrists together, effectively handcuffing the inmate to the door, while the inmate was straddling the edge of the door on his knees, before he told the inmate, “Chill motherfucker!” and walked away. I asked Lieutenant Cedergren how long he left the inmate on his knees, handcuffed to the door. Lieutenant Cedergren told me he left the inmate that way until medical staff arrived, but he was unsure how long that was. I asked Lieutenant Cedergren if it would surprise him to know he left the inmate on his knees, handcuffed to the door, for over ten minutes. Lieutenant Cedergren agreed that it could have been ten minutes that he left the inmate there. I asked Lieutenant Cedergren what his justification was, to leave the inmate handcuffed in that manner for that long of a time and he told me he did this, so he would only have to move the inmate one time. I told Lieutenant Cedergren that his statement of “Chill motherfucker!” sounded like it may have been punitive, as if he left the inmate in that position for not cooperating. Lieutenant Cedergren told me he had no punitive intentions when he said or did this, rather he was frustrated, and his emotions got the better of him when he cursed at the inmate. While Lieutenant Cedergren’s actions in this past incident were unprofessional when he cursed at the inmate after handcuffing him to the door, he admitted he was frustrated, and his emotions got the better of him. When I asked Lieutenant Cedergren if he left that inmate handcuffed to the Page 113 of 117 door for punitive reasons, he told me no, saying he only left the inmate handcuffed to the door until the nurse could respond. When I spoke to Deputies Ross, Comfort, Sergeant Graham, and Lieutenant McComas during their interviews, they all told me they never heard Lieutenant Cedergren say anything or do anything that day that would have led them to believe Lieutenant Cedergren left Mr. Madrigal tethered to the door for punitive reasons. Based on the above findings, as to the allegation that on June 10, 2019, Lieutenant Cedergren handcuffed Mr. Madrigal to a cell door and then left him there as punishment for not cooperating with the deputies during the booking process, I conclude the following: NOT SUSTAINED. Page 114 of 117 As to the allegation that on June 10, 2019, Lieutenant Cedergren failed to activate his Body Worn Camera (BWC) as required by Alameda County Sheriff’s Office General Order 8.17, I conclude the following: SUSTAINED. Concerning the above allegation, I conclude the following violations occurred: • Civil Service Law and Rules Section 2104 (c) - Inefficiency • Civil Service Law and Rules Section 2104 (d) – Neglect of duty • Sheriff’s Office Rules and Regulation – 2.1.13 –Performance of Duty • Sheriff’s Office General Order 8.17 – Body Worn Cameras The following is the basis for my findings. During the interview with Lieutenant Cedergren, I asked him if he was familiar with our BWC policy and he told me yes. I asked him if he was aware of the specific section of our policy that covered D&C and he told me yes. I asked Lieutenant Cedergren if he could provide me with examples of when he would be required to activate his BWC in the jail. Lieutenant Cedergren told me a placement like Mr. Madrigal, cell searches, entering a housing unit, and for evidentiary purposes. Our Agency’s BWC policy in General Order 8.17 under D&C mandates staff activate their BWC anytime an inmate is removed from their holding area, anytime staff enters a cell occupied by an inmate, during inmate count, during meals, during window checks, during observation checks, during general observations, while completing IOL’s and other regular checks, when contacting an inmate inside their cell (including conversations through the window), during medical emergencies, during any other inmate contact when recordings are not prohibited, and during the processing of new arrestees (except for medical screenings). Lieutenant Cedergren told me he did remember to activate his BWC after he found Mr. Madrigal unresponsive. After reviewing Deputy Ross’ BWC video, I confirmed it was apparent Lieutenant Cedergren intentionally activated his BWC, prior to beginning chest compressions on Mr. Madrigal. During Lieutenant Cedergren’s interview, I told him the Agency’s BWC G.O. clearly outlined how this incident with Mr. Madrigal required him to activate his BWC. I told Lieutenant Cedergren once he went “hands on” with Mr. Madrigal I would have expected his camera to have been activated, to further emphasize the fact he needed to use his BWC. Since Lieutenant Cedergren only intentionally appeared to activate his BWC after he found Mr. Madrigal unresponsive, I asked him if that meant he did not know he should have activated his BWC at any other time, during this incident. Lieutenant Cedergren told me, “No, it does not mean – that I did not know so – I had it in the buffering I – somewhere I thought – either I hit it, or I didn’t or I – it wasn’t on. I admit it – it wasn’t on.” Page 115 of 117 I asked Lieutenant Cedergren if he received training on BWC, and he told me yes. I asked Lieutenant Cedergren if both he and his sergeants talked in briefings about the importance of everyone activating their BWC’s, and he told me yes. I asked Lieutenant Cedergren if, when he decided to go “hands on” with Mr. Madrigal, that heightened his awareness that he was required to activate his BWC. Lieutenant Cedergren stated if he would have remembered it, he would have turned it on. I asked Lieutenant Cedergren if there was a reason why he did not follow the Agency policy and activate his BWC when he decided to assist the deputies with Mr. Madrigal, and he told me there was no reason it was not activated. I asked Lieutenant Cedergren if there was a reason why he did not follow the Agency policy and activate his BWC when he assisted with removing Mr. Madrigal from the WRAP, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow the Agency policy and activate his BWC when he assisted with pushing and/or pulling on Mr. Madrigal’s body, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow the Agency policy and activate his BWC, when he assisted with pulling on the ankle restraint chain that was attached to Mr. Madrigal’s handcuffs, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow the Agency policy and activate his BWC when he conducted a general observation check of Mr. Madrigal, and he told me no. I asked Lieutenant Cedergren if there was a reason why he did not follow the Agency policy and activate his BWC when he conversated with Mr. Madrigal to remove his handcuffs, and he told me no. Lieutenant Cedergren’s consistent failure to activate his BWC on numerous occasions is inexcusable. Lieutenant Cedergren admitted he knew his actions required him to activate his BWC, per the Agency policy, which he repeatedly failed to do. The BWC policy was put in place to protect staff, inmates, and the Agency. It was evident every other deputy sheriff who was involved in the incident abided by the BWC policy, except for Lieutenant Cedergren. As a manager, he should have been leading by example, and yet, he failed to do so. Based on the above findings, as to the allegation that on June 10, 2019, Lieutenant Cedergren failed to activate his Body Worn Camera (BWC) as required by Alameda County Sheriff’s Office General Order 8.17, I conclude the following: SUSTAINED. Page 116 of 117 ATTACHMENTS Notice of Administrative Investigation and Interview form ........................................ Attachment # 1 Interview Information Subject Form……………………………………......………. Attachment # 2 Lybarger Admonition……………………………….…………………...…………...Attachment # 3 Interview Information Witness Forms ......................................................................... Attachment # 4 Memorandum from Lt. Hamman to Cmdr. Madigan (dated June 11, 2019) ............... Attachment # 5 Incident Report #19-009845 ........................................................................................ Attachment # 6 Miscellaneous booking sheets and in-custody paperwork for Mr. Madrigal ...……...Attachment # 7 Restraint Observation Log (ROL) for Mr. Madrigal ................................................... Attachment # 8 Lieutenant Cedergren’s Individual Activity Log 2017 – 29019……………........…..Attachment # 9 Pertinent Civil Service Laws and ACSO Rules and Regulations…………………..Attachment # 10 BWC video on DVD-R & audio-recorded interviews re: Mr. Madrigal ................... Attachment # 11 ITR Hallway Video (2 discs) ………………………………….…………….…..…Attachment # 12 BWC video ACSO Report# 17-012847……………………………………….……Attachment # 13 Page 117 of 117