Citizen's Review Board

Wichita Citizen Review Board Minutes City Hall Board Room 455 N. Main Wichita, KS 67202 May 31, 2018 4 p.m. Present: Tonja Sowder, Jay Fowler, Jennifer Magaña, Timothy Sims, Janet Miller, Robert Thompson, Dennis Bender, Odell Harris Jr., Sharon Ailslieger, Paul Kitchen, Lt. Duff, Captain Pinkston. Item 1: Call to Order Fowler called the meeting to order at approximately 4:05 p.m. Item 2: Approval of April Meeting Minutes Fowler noted that the minutes were not complete and suggested deferring the approval of the minutes until the next meeting. Sims made a motion to defer approval of the minutes. The motion was seconded by Sowder and motion passed unanimously. Item 3: Public Agenda David Cook noted that he had started working with the racial profiling board and in his opinion everyone should be disarmed including cops. If this happens, then there will not be as many mass shootings. Cops are using de-escalating tactics and should do that. Item 4: Final Bylaws and Approval Fowler noted that the revised bylaws had been emailed to the board and asked if there were any revisions. There were none. Sims made a motion to approve. The motion was seconded by Fowler and motion passed unanimously. Item 5: Election of Vice-Chair (pending Bylaws approval) Chairperson Fowler Fowler noted that since the bylaws were approved, there is a now a vacant position for Vice- Chair. He asked for volunteers. Sims volunteered. The motion for Sims to be Vice-Chair passed unanimously. Item 6: Staff Reports Lt. Duff noted that Nolte will have the staff report that was requested in April’s meeting ready for the Board’s next meeting. Item 7: 1033 W. McCormick Update Lt. Duff noted that it is an ongoing investigation in Professional Standards and is being thoroughly reviewed. Fowler reminded the Board that they cannot review current or pending investigations so they have to wait until it is closed. Wichita Citizen Review Board May 31, 2018 Page 1 of 3 Sowder asked who would be investigated. Duff responded that the entire shooting is investigated. Sims asked who requested it. Duff responded that anytime there’s an officer involved shooting, Professional Standards will review it. Item 8: Use of Force Presentation - Lt. Halloran Fowler noted that the presentation is general information for the Board. Lt. Halloran noted that he has been with WPD for 28 years and trains recruits on shooting and different levels of use of force. He invited the Board to get the training that the Citizens Police Academy participants receive which is usually a 3-hour training session. Lt. Halloran noted that the community often forms their own opinions about an investigation due to WPD not being able to give out information because of an ongoing investigation. He reviewed Regulation 4.1 regarding use of force. Miller asked if police have the option to de-escalate the situation and then proceed with an arrest. Halloran responded yes. Sims asked what happens if they use too much force. Halloran responded the incident will be reviewed by Professional Standards. Duff noted they can make the complaint. Sims asked if they can make an anonymous complaint. Duff responded if they are not comfortable, Professional Standards are more than willing to accommodate. They will follow-up with the complainant with non-specific information on the outcome. Pinkston added they have had anonymous complaints and they will still look into them. Video is very helpful and some have led to disciplinary action. Halloran reviewed the deadly force regulation 4.1 – If they fear for their life or that of others, they can use deadly force. If a person is committing a felony act, they are considered a felon and the officer may use deadly force due to the circumstance. Bender asked how officers are trained on when the verbal warning should be used. Halloran responded if there is deadly/active shooter, there is no need for a verbal warning. You have to stop the murder in progress. If the defendant doesn’t follow directions, officers are trained to tell them the consequences. Sims stated he had seen shootings where the person is unarmed, but officers perceive fear for their life and it seems like officers can play the fear card to get away with the use of force. Halloran responded that the Supreme Court has to review other similarly trained and experienced officers when reviewing cases. Every use of force - even striking w/ baton or pepper spray - is reviewed and it’s not easy just to say the officer was scared. Sowder asked if there is a shadowing period for recruits. Halloran responded yes, there’s a 14 week period to shadow. Sowder asked if they are allowed to use deadly force if needed. Halloran responded yes. Halloran then reviewed Police Guidelines for Use of Force Justified 1. Deadly threat to self or others? 2. Reasonableness? 3. Ability opportunity, jeopardy 4. Conscious decision. Halloran noted they are trained to ask themselves: Do they have the ability to inflict great or grave bodily injury? Is there an opportunity for them to employ their ability? Based on what you know about the assailant, would you conclude they are placing you/others in jeopardy? Wichita Citizen Review Board May 31, 2018 Page 2 of 3 Miller noted that it is all about perception and Halloran agreed. Sims noted there is likely false info called in daily and asked if there is time to investigate prior to taking action. Halloran responded the officers only know what they know based on the 911 call. Sowder asked why we don’t hear about officers shooting to harm. Halloran responded they do not shoot to kill, but to stop the threat. He noted that citizens need to educate themselves and comply. He hopes to have the board visit the range and academy for training. He noted that many incidents can be resolved by talking; however there are others that cannot. Miller asked what other options the officers have for use of force. Halloran responded they can be in uniform, verbal commands, detaining them, pepper spray, or taser. A supervisor will be called in for less lethal – bean bags, launcher foam tip rounds – and for those they do aim at legs, buttocks, stomach. Fowler asked what the protocol is for ongoing use of force training. Halloran responded that the state law requires 40 hours annually. WPD has officers come out twice a year for training per weapon and use of force training every 6 months. Fowler asked who is assigned a patrol rifle. Halloran responded they will be assigned/selected and will attend a 3 day rifle school. They will usually respond to 911 calls for distance or the criminal may have a rifle. Bender asked if there is a critique of participants’ use of force and whether it is justified in CPA. Halloran responded they run through a scenario and participants make a decision on the scenario. They will review why they did what they did. Trainees discuss each and every use of force and are told if it was good or not for use of force. The more they are trained, the better they will be in a real circumstance Sims concurred that officers are human and mistakes are made. He asked how to respond to the public opinion that they are not held accountable for those mistakes. Halloran responded that there are a few bad apples. But some officers make mistakes and are held accountable. Every use of force is reviewed by a supervisor. If anyone is arresting someone, the supervisor will be called. Item 9: New Business Fowler asked Duff to check with Nolte to see if they have a place on the City’s website for the Citizen Review Board to post bylaws and minutes and where citizens can contact the Board. Fowler noted that Barry Grissom should be at the meetings. Shaun Rojas asked for a session on mission and priorities for the Board. He also added the Board would like to go through a sample internal review that’s been closed within the last year to go see the Professional Standards process. Sowder asked when Human Resources gets involved in the investigations. Is it before sanctions or disciplinary action is taken? She thinks it will help the Board to understand. The Board decided the next meeting date will be June 28 provided Nolte is available. Sims would like to know the meeting location prior to a week before the meeting. Item 10: Adjourn Sims made a motion to adjourn the meeting. Sowder seconded the motion and the meeting was adjourned at 5:05 p.m. Wichita Citizen Review Board May 31, 2018 Page 3 of 3