Citizen's Review Board

Wichita Citizen Review Board Minutes October 22, 2020 4 p.m. City Council Board Room 455 N. Main St, Wichita, KS 67202 Present: Dennis Bender, Jay Fowler, Odell Harris, Jr., Stephanie Luna, Timothy Sims City of Wichita Representatives Present: Captain Wendell Nicholson, Jennifer Magaña, Sergeant Krys Henderson, Captain Lemuel Moore, Lieutenant Robert Reichenberger, Officer Eric Piotrowski, Officer Rebekah Jabara, Keely Bean, Zachary Kester 1. Call to Order – Chairperson Fowler The meeting was called to order at 4:20 p.m. 2. Approval of Minutes Sims made a motion to approve the September 24, 2020 minutes. Second by Harris. The motion passed unanimously. 3. Public Agenda - 15 minutes is set aside for this portion of the meetings. No one signed up in advance or appeared to present at the meeting for the public agenda. 4. Staff Report Update – Captain Nicholson From September 14 through October 12, there were 31 complaints received. Of those, 27 were external and 4 were internal. Closed 11 cases from previous months. Types: 1 excessive force, 13 improper conduct, 13 procedural violations, 1 safety violation and 3 unnecessary force. Year to date, a total of 306 complaints received. Of those, 188 were external and 118 were internal. Bender noted the total number of complaints was about the same as previous months, but the number of internal complaints seemed low in comparison. Capt. Nicholson explained that internal complaints are things a lieutenant or sergeant sees out on a call, or if an improper conduct is brought to a supervisor’s attention. External complaints are initiated by individuals outside WPD. 5. Defensive Tactic Instructor (DTI) Presentation – Officer Eric Piotrowski Officer Eric Piotrowski introduced himself as a full time defensive tactics instructor at the Law Enforcement Training Center for the last three years and 29 years with the WPD. Officer Rebekah Jabara introduced herself as a member of WPD for 12 years and a DTI instructor for 10 years. Officers receive training in the following defensive tactic disciplines: 1) Pressure Point Control Tactics 2) Interpersonal Communication and Scenarios 3) Mental Health Training and Scenarios 4) DV Scenarios 5) Handcuffing/Searches Wichita Citizen Review Board October 22, 2020 Page 1 of 4  6) Close Quarter Combat 7) Ground fighting 8) Taser baton and Oleoresin Capsicum 9) Weapon Retention 10) Knife Defense 11) Firearms 12) Scenario Based Training utilizing defensive tactics methods 13) Traffic Stops standard and high risk Recruits receive 285 hours of in-house instruction, not including remedial and additional time outside of class requested by the recruit. National studies have found that between 88% to 98% of all arrests are accomplished using only the first two levels of force, officer presence and verbal direction. Experience of officer makes a difference, especially seen in communication skills. Considerable time is spent at the academy training officers how to use verbal skills in addition to physical skills. The decision to use force is dictated by the actions of the suspect. If the suspect is compliant, no force has to be used. If the suspect is resistive, then the suspect has set the officer on a path to use force. Officer uses least amount of force to accomplish the goal. The Use of Force Continuum illustrates how the officer’s actions mirror the subject’s. As illustrated on the chart shown, the subject actions range from psychological intimidation, then verbal non-compliance (“I’m not going to jail”) and ultimately to aggravated active aggression. Levels of control demonstrated by the officer are commensurate, ranging from officer presence to verbal direction and ultimately to lethal force. Level of force can increase based on perceived disparity of threat. Examples include officer/subject size, apparent strength, skill (martial arts), etc. One plus one theory allows the right to escalate one level of force above the level of resistance encountered. For example, an officer facing an assailant armed with a club would be justified in choosing a sidearm to defend themselves. Necessary force is the only lawful force, and must be justified at the moment it is used. Once the issue is resolved, force is no longer allowed. Excessive force is not tolerated by WPD and is punishable up to termination. The use of force continuum does not need to begin at the first step. The officer can choose an elevated point where force is deemed to be reasonable and effective. Graham v. Conner Supreme Court case dictates use of force, and is followed by nearly every agency. In essence it states that the use of force must be objectively reasonable in the moment of the event by a reasonable officer. Hindsight (reviewing at a later time) should not be considered. Force must be reasonable, but it doesn’t always have to be the best. Three factors to consider whether use of force was “objectively reasonable”: 1) Severity of the crime; 2) Immediate threat to safety of officers or others; 3) Whether suspect is actively resisting arrest or attempting to evade arrest. Example presented where safety of suspect is considered when selecting force. Wichita Citizen Review Board October 22, 2020 Page 2 of 4 Force is never used as retribution or as a punishment. Only used in defense of the officer’s self or another or to prevent an arrest from being defeated by resistance or escape. Officers do not need to wait to use force if they are being assaulted. They are trained to look for pre-attack indicators. Threat indicators: muscle tension, target glance, stance shift, increased agitation, announced intent, “Thousand Yard Stare,” sudden cessation of movement/talk. Posturing, removing clothing, avoiding eye contact are all examples. . “The Wrap” is a new safe restraint system. Keeps suspect from kicking, although suspect could still head butt or spit (padded helmet is available to keep the suspect safe). Suspect cannot get into prone face down position where asphyxiation is a potential risk. Ideal for suspects who are continuing to fight, or needing to be transported. It does not hurt the suspect, only restricts movement. Minimum of three officers needed to apply the device. Officers are trained to apply in under one minute. Reduces injury to officers and suspects, prevents damage to vehicles and improves public perception. Fowler asked about how many officers are required to be in uniform when serving a warrant. Officer Piotrowski explained that a uniformed officer does perform the “knock and announce” warrant service, while other officers are in marked gear. Sims asked about use of force training when suspect is in handcuffs, citing seeing pain compliance applied or suspect tased while wearing handcuffs. Officer Piotrowski stated that The Wrap helps to avoid continued use of force while the suspect is in handcuffs, but stated policy does allow for certain levels of force if the suspect is still fighting after being placed in handcuffs. Officer Jabara referred to Graham vs. Conner case when making the decision to use force and the totality of the situation. She explained that each situation is unique. Sometimes force may be reasonable, but it must be objectively reasonable. Cannot eliminate the “fight” to get the suspect into handcuffs. Officer Piotrowski stated policy allows for The Wrap to be employed earlier when suspect has prior history of being combative. The goal is to have more available in the field. The Wrap has been applied to supervisors and officers completing training for personal experience. Device is designed to be applied in only the proper way, eliminating “hog tie” position. The hog tie position is not allowed by policy and prohibition of its use is reinforced at the academy. Fowler asked about what the officers are taught when approaching vehicles for traffic stops. Officer Jabara said training on traffic stops is four days long, includes verbal indicators, avertive movement and different passenger side approaches. They teach a universal greeting used as a script when approaching the car. Multiple scenarios are performed to practice verbal skills, de- escalation and mental health. Verbal skills are reinforced throughout defensive tactics training as compliance is preferred over fighting. Sims offered that staring ahead and remaining silent may be the citizen exercising the right to do so. Officer Piotrowski explained that the citizen does have the right to remain silent, but must respond to identify himself/herself when approached by an officer. Officer Jabara reiterated that the officer is trained to look at the totality of the situation, where simply remaining silent is not a sign of non-compliance, but may be when combined with other actions. Captain Lemuel Moore asked how many CRB members present have participated in the Citizens Police Academy. All present stated they had participated. He invited welcomed them to request additional instruction, including the defense tactics discussed today. Wichita Citizen Review Board October 22, 2020 Page 3 of 4 Sims asked if the amount of time for training is sufficient. Officer Piotrowski stated the WPD academy is almost double the amount required by the State of Kansas (24 vs 14 weeks). 6. Executive Session – Review of 2 Complaints/Investigations Fowler stated that while three cases had been identified on the agenda for potential review, due to time constraints, the third case (19PSB-3327) will be held for another meeting. Fowler made a motion to recess into Executive Session for an hour and ten minutes, ending at approximately 6:00 pm, to receive information on 19PSB-0582 and 20PSB-1214 involving personnel matters of non-elected personnel and to protect the privacy interests of identifiable individuals. Motion approved. Executive Session began at 4:53. Returned from Executive Session at 6:22. Fowler stated the Board has considered PSB 19- 0582 and made a determination that no recommendations were required. Held discussion on 20PSB-1214, and as a result of the discussions the department and complainant will visit, issue a written response and if necessary the matter will be referred to PSB for further review. 7. New Business – Chairperson Fowler Next meeting will be December 10. November and December meetings combined due to holidays. 8. Adjourn Luna made a motion to adjourn. Second by Fowler. The motion passed unanimously and the meeting adjourned at 6:24 p.m. Minutes respectfully submitted by Tina Payne, Administrative Aide II, City Manager’s Office. Wichita Citizen Review Board October 22, 2020 Page 4 of 4