17-45374 Police Reports_Redacted17-45374 Supplement No
ORIG
LONG BEACH POLICE DEPARTMENT
400 WEST BROADWAY
Reported Date
07/29/2017
LONG BEACH, CA 90802 Primary Offense148(A)(1)PC
OfficerERNENWEIN,HARRISON
Phone
562 570-7381 RECORDS
Fax
562 570-7080 FAX
Administrative Information
AgencyLONG BEACH POLICE DEPARTMENT DR No17-45374 Supplement NoORIG Reported Date07/29/2017 Reported Time22:18
CAD Call No
172101730
Rpt Typ
ARREST ONLY
Primary Offense
OBSTRUCT PUBLIC OFFICER
Location
OBISPO AV/E 7TH ST
City
LONG BEACH
ZIP Code
90814
Rep Dist
503
Area
02
Beat
09
From Date
07/29/2017
From Time
22:15
Officer
11011/ERNENWEIN,HARRISON
Assignment
PATROL/EAST/CFS/W3
2nd OfficerHERRERA,ALVINO R JR AssignmentPATROL/EAST/CFS/W1 Entered by11011 AssignmentPATROL/ADMIN/FTO/STAFF
RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer7054 Approval Date07/30/2017 Approval Time09:32:20
Use of ForceYes Photos TakenYes StatementsYes Suspect in CustodyYes
Person Summary
Invl
ARR
Invl No
1
Type
I
Name
JOHNSON,MARK C
MNI
RaceW SexM DOB10/13/1976
InvlWIT Invl No1 TypeI Name MNI
Race Sex DOB
Vehicle Summary
InvlVIC Type License No StateCA Lic Year Year2008 MakeTOYO Model Style ColorBLK
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ORIG
LONG BEACH POLICE DEPARTMENT
ARRESTEE 1: JOHNSON,MARK C
Involvement
ARRESTEE
Invl No
1
Type
Individual
Name
JOHNSON,MARK C
MNI Race
White
Sex
Male
DOB
10/13/1976
Age
40
Juvenile?
No
Height
5'02"
Weight
115#
Hair Color
Brown
Eye Color
Brown
PRN
Type
HOME
Address
City State ZIP Code Date
Type
HOME
Address
City State ZIP Code Date
Type
HOME
Address
City State Date
TypeHOME Address
City State ZIP Code Date
Type
HOME
Address
City State ZIP Code Date
Type
MAILING
Address
City State ZIP Code Date
TypeHOME Address
City State Date
Type
HOME
Address
City State ZIP Code Date
Type
HOME
Address
City State ZIP Code Date
TypeHOME Address
City State ZIP Code Date
Type Address
City State Date
Type
HOME
Address
City State ZIP Code Date
TypeHOME Address
City State ZIP Code Date
Type
FBI number
ID No
Type
FBI number
ID No
TypeOperator License ID No OLS
TypeOperator License ID No OLS
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ORIG
LONG BEACH POLICE DEPARTMENT
Type
State Criminal Identification Number(CII)
ID No OLS
Type
Social Security Number
ID No OLS
Type
Social Security Number
ID No OLS
Phone TypeHome Phone No Date12/24/2014 Phone TypeMessage Phone No
Date
03/21/2016
Phone Type
Cell
Phone No Date
04/27/2016
Phone Type
Home
Phone No Date
05/24/2016
Phone Type
Cell
Phone No Date
07/30/2017
Alias NameJOHNSON,MARK CHARLES RaceWhite SexMale DOB10/13/1976
Involvement
ARRESTED
Arrest Type
ARRESTED
Arrest Date
07/29/2017
Arrest Time
22:31:00
Booking No
5057706
Book Date
07/30/2017
Book Time
00:51:00
Status
BOOKED
Arrest Location
OBISPO AV/E 7TH ST
City
LONG BEACH
Rep Dist503 Place of BirthCalifornia Beat09
Charge11550(A)HS LevelM Charge LiteralUNDER INFLUENCE CNTL
Warrant No
2306718
Warrant ORI
CA0560000
Charge
148(A)(1)PC
Level
M
Charge Literal
RESIST/OBSTRUCT PUBL
WITNESS 1:
InvolvementWITNESS Invl No1 Individual
MNI Race Sex DOB Age Juvenile?Height Weight Hair Color
Eye Color PRN
TypeHOME Address
City State ZIP Code Date07/29/2017
Type
Operator License
ID No OLS
Phone Type
Cell
Phone No Date
07/29/2017
Vehicle:
InvolvementVictim invl in crime (For use by officer)License No StateCalifornia Year2008
MakeToyocar Van Container Trailer ColorBlack
Narrative
Dispatch
On 07/29/17 at approximately 2345 hours, my partner (Officer Herrera #10047) and I (Officer H. Ernenwein
#11011) were working uniformed patrol as Unit 2A69 when we responded to the intersection of 7th Street and
Obispo Avenue regarding a use of force incident (call #1730).
Scene
Upon arrival, I observed multiple police units south of the dispatched location. Multiple officers were standing on
the east sidewalk in front of Obispo Avenue. I observed one officer standing with the reporting party (later
identified as Witness
Witness Statements
Incident
I contacted Witness and he told me the following:
Report Officer
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LONG BEACH POLICE DEPARTMENT
Narrative
stated that he was inside his car at approximately 2215 hours on 07/29/17,talking on his cell phone
prior to the incident occurring.vehicle (a black, 2008 Toyota Prius, with CA plate #was
parked facing north along the east curb in front of Obispo Avenue. While talking on the cell phone,
observed a male subject (later identified as ARR, Mark Johnson) sitting along a metal gate on the southwest side
of Obispo Avenue. After a short amount of time, the suspect stood up and walked to his rear passenger side
window. The suspect, using both hands, placed his face against the window and began to look inside the interior
of the vehicle. The suspect would continually alternate between looking at and around the interior of the
vehicle.
stated the subject's face twitching, and he was acting extremely strange while looking into the vehicle.
The subject appeared to be talking to himself, having muscle spasms on his face, and appeared angry and
agitated.
While continuing to look into the vehicle, the subject punched the window three times with an unknown closed fist,
and spit his saliva on the window three times.opened his driver's side door allowing him to slightly exit
the vehicle, and asked the subject, "Can I help you?" The subject shouted in reply, "Yeah, you won't shut the fuck
up!"got back in his vehicle and the subject continued to pace around the front and right side of his
vehicle. The subject continued to make random, unknown obscene statements to himself, curse loudly, and flail
his arms in the air.described how at one point during the subject's erratic behavior, the subject
screamed, "Fuck!" for a long duration of time.
After a short amount of time, the subject re-approached the vehicle by walking up to the same passenger window,
spit on the window, and punched the window two times with an unknown closed fist. The subject proceeded to sit
down near his initial position against the wall.stated to the subject, "I'll call the cops," and the subject
replied, "I don't give a fuck, call the cops, I'll call the cops, I don't give a shit." The subject re-approached
front passenger window and punched the window one more time with a closed fist. The subject
proceeded to pace, back and forth, just north of the vehicle's location on the sidewalk in front of Obispo
Avenue contacted the police to report the incident.
believed the subject was on drugs because he was sweating, continually cursing, yelling, and
threatening him. This behavior continued along the east sidewalk of Obispo Avenue for approximately five
minutes before officers arrived on scene.stated he feared for his safety.
Officer Altercation
while seated in his car, observed an officer arrive on scene and approach the subject. He heard the
officer give numerous commands including, "Calm down," in order to gain compliance from the subject.
observed the subject continuously attempt to leave by walking around and occasionally bumping into the officer.
The subject continued to refuse the commands by interrupting the officer with unintelligible and incomprehensible
words and phrases, before turning his back on the officer. The officer approached the subject from behind in
attempt to control the subject's hands by holding them behind his back. As the officer attempted to control the
subject's hands,observed the subject rapidly lift one of his elbows in an aggressive upward motion to
prevent the officer from attempting to hold his hands behind his back.stated it appeared the subject
might have attempted to hit the officer with his elbow.exited the vehicle and observed the duration of
the incident from the rear bumper area of his vehicle.
The subject continued to resist, shouting, "Fuck you!" and "You hurt my mom, and now you're going to hurt me!"
stated the officer was struggling with the subject, as the officer continued to tell the subject to, "Stop
resisting."could not observe how the officer was struggling to control the subject due to the fact that the
subject was flailing and maneuvering his body in an attempt to break free from the officer. Two other unknown
officers were then observed arriving on scene and got behind the subjects back. As the officers got behind the
subjects back to assist the first officer, the subject eventually leaned over and placed one knee on the ground as
an unknown officer controlled his hands behind his back.heard the subject begin to snore as the
officers continued to control him. After the incident, the officers seated the subject against the west wall of
Obispo Avenue.
stated that during the incident, he was afraid his life because he believed the subject could have broken
Report Officer
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ORIG
LONG BEACH POLICE DEPARTMENT
Narrative
into the vehicle and hurt him.
I observed vehicle and observed what appeared to be saliva on the top frame area of the rear
passenger side door seal. I also observed smudge marks on both passenger side windows. There was no vehicle
damage that found as a result of the incident.
stated he did not desire prosecution against the subject.
I provided a Report Receipt.
Knock and Talks /Cameras
Knock and talks were conducted by Officer J. Armstrong #10833, at Obispo Avenue, Obispo
Avenue, and Theresa Street.
No answer was received at Obispo Avenue.
No answer was received at Obispo Avenue.
Theresa Street was locked and no answer was received.
I observed a surveillance camera on the south wall of Obispo Avenue. The camera was facing east down a
walkway, and positioned slightly east of the gate where the subject was initially seated, opposite of the direction of
the use of force. No other surveillance cameras were observed.
Report Officer
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17-45374 Supplement No
0001
LONG BEACH POLICE DEPARTMENT
400 WEST BROADWAY
Reported Date
07/29/2017
LONG BEACH, CA 90802 Primary Offense148(A)(1)PC
OfficerELLIOTT,BRIAN P
Phone
562 570-7381 RECORDS
Fax
562 570-7080 FAX
Administrative Information
AgencyLONG BEACH POLICE DEPARTMENT DR No17-45374 Supplement No0001 Reported Date07/29/2017 Reported Time22:18
CAD Call No
172101730
Rpt Typ
FOLLOW-UP REPORT
Primary Offense
OBSTRUCT PUBLIC OFFICER
Location
OBISPO AV/E 7TH ST
City
LONG BEACH
ZIP Code
90814
Rep Dist
503
Area
02
Beat
09
From Date
07/29/2017
From Time
22:18
Officer
10027/ELLIOTT,BRIAN P
Assignment
PATROL/EAST/CFS/W3
2nd OfficerVANDEMOORTEL,JEFFREY HUNT AssignmentPATROL/SOUTH/CFS/W2 Entered by10027 AssignmentPATROL/EAST/CFS/W3
RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer10251 Approval Date07/31/2017 Approval Time16:26:10
Narrative
***Use of Force***
On 7/29/17 at 2218 hours, my partner (Officer J. Vandemoortel, #10920) and I (Officer B. Elliott, #10027) assisted
unit 2C12 in the area of 7th Street and Obispo Avenue regarding a 911 emergency call for service (call #1730).
While en route we were notified via dispatch the calling party was sitting in his vehicle when an unknown subject
approached him and started cussing at him. While the subject was outside the calling party's vehicle the subject
began punching and hitting the vehicle.
When we arrived, I noticed Officer Torres was already on scene. I exited the patrol vehicle and heard a male
subject screaming incoherently a short distance north of our location. I went to investigate the screaming and
observed Officer Torres and a male subject (the defendant Mark Johnson) standing face to face along a wall in
front of Obispo Avenue. It appeared Officer Torres was attempting to control the subject who was screaming
incoherently. Officer Torres was holding each of the subjects arms down to the subjects sides and was telling the
subject to calm down and to turn around. It was clear to me Officer Torres was attempting to detain the subject.
The subject was refusing each of Officer Torres' requests while violently attempting to break free of Officer Torres'
detention. The subject was twisting and pulling his arms away from Officer Torres while pushing his body into
Officer Torres in what appeared to be an attempt to break free and escape the detention.
Seeing the struggle between Officer Torres and the subject, I ran over to the location to assist. I immediately took
control of the subject's left arm. As soon as I gripped the subject's left arm I felt the subject instantly become
more violent. He began dropping his weight and lifting himself up again, pulling and twisting his arms and pushing
at us to keep us from placing him into handcuffs.
As we struggled to not only maintain control of the subject but to get him in handcuffs, I noticed Officer Torres shift
his position followed by the subject turning away from Officer Torres. As the subject continued fighting with us, I
observed Officer Torres maneuver his position to the subject's back. Once Officer Torres was positioned at the
subject's back, he applied a carotid restraint to the subject. Once the carotid restraint was applied to the subject,
the subject began to slow down his resistance to the detention. After a few moments, the subject dropped his
weight suddenly causing Officer Torres to fall to his knees while maintaining control of the carotid restraint. A
moment later, the subject suddenly leaned his body forward with his face hitting the sidewalk. While the subject
was face down on the sidewalk I heard the subject begin to snore causing Officer Torres to immediately release
the hold. My partner and I placed subject into handcuffs.
When we sat the subject up, we checked the subject to ensure he was breathing normally and a request for
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LONG BEACH POLICE DEPARTMENT
Narrative
paramedics was made. Long Beach Fire Department Engine 4 arrived on scene a short time later to check the
subject's vitals.
I noticed he had some blood trickling down the bridge of his nose and he was complaining of pain to his
neck/back.
Officer J. Kroeger, #6066 responded to the scene for photographs.
Sgt. S. Benson, #6205 was notified and responded to the scene.
Unit 2A9 (Officer J. Castro, #10763) transported the subject to the hospital for treatment.
Report Officer
10027/ELLIOTT,BRIAN P
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17-45374 Supplement No
0002
LONG BEACH POLICE DEPARTMENT
400 WEST BROADWAY
Reported Date
07/29/2017
LONG BEACH, CA 90802 Primary Offense148(A)(1)PC
OfficerTORRES,MICHAEL S
Phone
562 570-7381 RECORDS
Fax
562 570-7080 FAX
Administrative Information
AgencyLONG BEACH POLICE DEPARTMENT DR No17-45374 Supplement No0002 Reported Date07/29/2017 Reported Time22:18
CAD Call No
172101730
Rpt Typ
FOLLOW-UP REPORT
Primary Offense
OBSTRUCT PUBLIC OFFICER
Location
OBISPO AV
City
LONG BEACH
ZIP Code
90814
Rep Dist
503
Area
02
Beat
09
From Date
07/29/2017
From Time
22:15
Officer
6252/TORRES,MICHAEL S
Assignment
PATROL/EAST/CFS/W3
2nd OfficerHERRERA,ALVINO R JR AssignmentPATROL/EAST/CFS/W1 Entered by6252 AssignmentPATROL/EAST/CFS/W3
RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer10251 Approval Date07/31/2017 Approval Time16:26:16
Narrative
***USE OF FORCE***
While working unit 2C12, I (Officer M. Torres #6252) assisted unit 2C71, Officer's J. Vandemoortel #10920 and B.
Elliott #10027, in the area of 7th Street and Obispo Avenue regarding an incomplete wireless 911 call. The caller
stated, "I need police over by the Good Bar" before hanging up.
While on scene, we had dispatch call back the calling party to get a better location and we were eventually told he
was on Obispo Avenue south of 7th Street. The calling party was whispering on the phone from inside a black
Prius.
Dispatch also advised us the calling party was stating the suspect was a male, White, 28-30 years old, wearing a
black shirt and blue jeans. The calling party was not answering anymore questions, just kept saying the male is
trying to kick his vehicle, and keeps saying get PD.
The call stated the calling party does not know the subject and he just came up to him cussing and punched his
car. The calling party stated the subject is also trying to fight others passing by.
As I drove northbound Obispo Avenue from 6th street, I observed a male white get out of a black Prius in front of
the church at Obispo Avenue. The male seemed frightened, thanked me for coming out and identified himself
as the person who called the police. The male then pointed and directed my attention towards the sidewalk area
on the side of his parked vehicle and stated, "He's over there laying on the sidewalk. He was kicking my car."
I walked over to the sidewalk in front of Obispo Avenue and observed a male White (later identified as ARR
Mark Johnson), wearing a dark colored shirt with blue pants. I identified myself as the police and asked him what
was going on. Johnson stood up quickly and stated, "Nothing, I'm going to leave now." I told Johnson he was not
free to leave and I was investigating him kicking the car and possibly causing damage to it.
I recognized Johnson from past contacts and walking around the neighborhood. Johnson has a history of yelling
and screaming at random subjects on the street. Johnson also at times appears to be mentally unstable and has
admitted to using methamphetamine in previous contacts.
Johnson tried walking around me and I used my left arm by extending it outward to block his path on the sidewalk.
Johnson then stated, "Don't you touch me. I know how you guy's are. You shot my mom and family member." I
told Johnson to calm down and stop resisting me.
I again advised Johnson he was not free to leave and to stop moving so I could talk to him. Johnson stated, "I'm
not talking to you. You shot my mom and family member." Johnson then grabbed his duffel bag nearby and
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LONG BEACH POLICE DEPARTMENT
Narrative
again tried walking around me. When I went to extend my left arm outward to prevent him from walking around
me, Johnson used his right arm to push my left arm away and then used his left arm to push against my chest and
attempt to push me out of his pathway.
I then grabbed a hold of Johnson's left arm to control his movement and he twisted his body to his right away from
me. As Johnson did this, his duffel bag that was hanging over his left shoulder struck my right side and multiple
CD's and movies fell out onto the sidewalk. I then attempted to grab both of Johnson's arms to control him until
Officer Vandemoortel and Officer Elliott who were nearby were able to assist me. As I grabbed Johnson's arms,
he began pushing his chest against mine trying to get me to move away from him. I was able to grab Johnson by
his arms and pin his back against a nearby wall of the church to better control him and his movements. Johnson
continued pushing his chest against me as I was holding both of his arms not allowing Johnson to move away
from me.
Officer Vandemoortel and Officer Elliott then arrived on scene and began each taking a hold of Johnson's arms to
handcuff him. Officer Elliott took control of Johnson's left arm and Vandemoortel took control of his right arm as
they moved Johnson away from the wall with me standing behind Johnson. As Officer Vandemoortel and Officer
Elliott attempted to handcuff Johnson, he began violently resisting, twisting his body, pulling his arms away
resisting them. I told Johnson multiple times to stop resisting the Officer's and he shouted, "Leave me alone.
Leave me alone."
Seeing that Johnson was not going to cooperate with us and the fact that he had already demonstrated using
force and violence by pushing me away from him, I felt if Johnson broke free from Officer Vandemoortel and
Officer Elliott's grasp that he would begin to violently strike one of them. Due to Johnson continuously, violently,
and actively resisting our efforts to arrest and handcuff him, I then applied the department approved carotid
restraint on Johnson.
Due to the narrow sidewalk with a building and vehicles on either side and the close proximity of Officer
Vandemoortel and Officer Elliott, I was unable to use any other lower force option (baton or impact weapon)
without risking striking them in the process. I also felt if I used the Conducted Electronic Weapon (CEW) that it
would have had little effect to stop or control Johnson's violent movement's since he was continuously twisting and
pulling his body away from Officer Vandemoortel and Officer Elliott.
As I was standing behind Johnson, I used my left forearm and encircled it around the front of Johnson's neck just
under his chin and applied the carotid restraint. Johnson resisted me at first but as I applied more pressure, his
body became limp, and his body weight fell towards the ground. I was unable to keep my balance and I fell with
Johnson to the ground while still applying the carotid restraint. Johnson first fell to his knees, then fell face first
onto the sidewalk.
When Johnson fell to the sidewalk he began snoring and was no longer violently resisting. I believed at that time
Johnson was passed out and released the carotid restraint allowing Officer Vandemoortel and Officer Elliott to
handcuff him. Once Johnson was handcuffed, he was placed in a sitting position, instantly woke up and began
breathing normally again. I then noticed Johnson had blood coming from his nose and right eyebrow area.
I requested Long Beach Fire department respond to assess Johnson due to the use of the carotid restraint.
2S13, Sgt. Benson #6205, was notified of the Use of Force (UOF) and responded to the scene. Lt. McGuire was
also notified of UOF.
ARR Johnson was transported to the hospital for medical evaluation.
Report Officer
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17-45374 Supplement No
0003
LONG BEACH POLICE DEPARTMENT
400 WEST BROADWAY
Reported Date
07/30/2017
LONG BEACH, CA 90802 Primary Offense148(A)(1)PC
OfficerVANDEMOORTEL,JEFFREY H
Phone
562 570-7381 RECORDS
Fax
562 570-7080 FAX
Administrative Information
AgencyLONG BEACH POLICE DEPARTMENT DR No17-45374 Supplement No0003 Reported Date07/30/2017 Reported Time03:30
CAD Call No
172101730
Rpt Typ
FOLLOW-UP REPORT
Primary Offense
OBSTRUCT PUBLIC OFFICER
Location
OBISPO AV/E 7TH ST
City
LONG BEACH
ZIP Code
90814
Rep Dist
503
Area
02
Beat
09
From Date
07/29/2017
From Time
22:15
Officer
10920/VANDEMOORTEL,JEFFREY HUNT
Assignment
PATROL/SOUTH/CFS/W2
2nd OfficerHERRERA,ALVINO R JR AssignmentPATROL/EAST/CFS/W1 Entered by10920 AssignmentPATROL/SOUTH/CFS/W2
RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer10251 Approval Date07/31/2017 Approval Time16:25:34
Narrative
**** USE OF FORCE****
On 7/29/2017 at 2218 hours, while working uniformed patrol as Unit 2C71, my partner (Officer B. Elliott #10027)
and I (Officer J. Vandemoortel #10920) assisted Unit 2C12 (Officer M. Torres #6252) regarding an unknown
trouble call in the area of Obispo Ave and 7th St (call #1730).
The call further stated the calling party needed police and hung up. On call backs from dispatch, it was
determined the calling party was in a black Toyota Prius and there was a subject trying to kick his car who was
possibly intoxicated on drugs. The call also stated the subject was also trying to fight others walking by.
While searching the area of 7th St and Obispo Ave, Officer Torres located the possible victim's vehicle parked
along the east curb of Obispo Ave facing northbound.
Upon arrival, I observed Officer Torres' marked patrol vehicle facing northbound parked in front of Obispo
Ave. Officer Torres' marked patrol vehicle had its forward facing red light clearly illuminated.
As soon as I exited the driver seat of my marked patrol vehicle, I heard yelling coming from an unknown subject in
front of Obispo Ave.
As soon as I heard the yelling, I, along with my partner began to run to the area of where the yelling was coming
from. As my partner and I ran up to assist Officer Torres, I observed Officer Torres trying to detain a male subject.
Officer Torres was face to face with the subject. Officer Torres had both his hands gripping the subject's arms,
who was pulling away from Officer Torres and trying to flail his arms to break Officer Torres' grasp. Officer Torres
was using the church wall as a backdrop to hold the subject against to help him maintain control.
As we approached Officer Torres, I heard Officer Torres telling the subject to turn around and relax. The subject
continued yelling and tried to violently flail his arms. It appeared as if the subject was trying to pull away from
Officer Torres grasp and flee. The subject dropped his body weight and then jumped back up in a violent manner
trying to break free from Officer Torres's grasp and flee.
As we got closer to Officer Torres and the subject, it became clear the subject was violently resisting a lawful
detention. The subject was flailing both his arms and tried to get away from Officer Torres.
I immediately recognized the subject Officer Torres was trying to detain as the subject who my partner and I
observed earlier in the day in the area of 15th St and Cherry Ave. The subject was wearing the same light blue
hospital pants and had the same body structure. My partner stated he had numerous contacts with the subject in
the past. In most of the contacts with the subject, my partner stated the subject was either intoxicated on alcohol
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or drugs.
As we approached the subject, I took control of the subject's right arm and placed him into a twist lock and began
to apply handcuffs to his right wrist. The subject continued to resist, continually trying to flail both arms and
escape the grasp of Officer Torres, Officer Elliott, and myself.
After placing the subject into a twist lock and cuffing the subject's right wrist, the subject continued to violently
resist (violently dropping his body weight and jumping back up while still trying to flail his arms). At this point, if the
subject broke free from our grasp, he could have used the handcuffs as a weapon against myself and other
officers.
Officer Elliott was able to gain control of the subject's left arm. While Officer Elliott and I had control of the
subject's arms, the subject still was trying to pull away from us by twisting and pulling his arms. Officer Torres was
soon able to position himself on the subject's back. Officer Torres then applied a carotid restraint on the subject.
The subject began to waiver and Officer Torres and the subject fell to the ground. Once the subject was on his
knees bending forward, I was able to control the subject's left arm. After controlling the subject's left arm, I placed
his left wrist into the other half of my handcuffs (checking for fit and double locking). Officer Torres released the
carotid restraint.
While placing the subject's left wrist in the other half of my handcuff, I heard the subject begin to snore loudly. I,
along with Officer Torres moved the subject onto his left side. The subject continued to snore until he began to
regain consciousness five to ten seconds after the restraint had been originally placed.
After getting the subject into custody, Officer Torres, Officer Elliott,and myself sat the subject along the east wall
of Obispo Ave along the church wall at Obispo Ave. At this time, I observed the subject was bleeding from a
cut on his nose.
Long Beach Fire Engine 4 arrived on scene and assessed the subject. The subject was later transported by
Officer Castro and medically cleared at the hospital
Unit 2S13 (Sergeant S. Benson #6205) was notified and responded.
Report Officer
10920/VANDEMOORTEL,JEFFREY HUNT
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17-45374 Supplement No
0004
LONG BEACH POLICE DEPARTMENT
400 WEST BROADWAY
Reported Date
07/30/2017
LONG BEACH, CA 90802 Primary Offense148(A)(1)PC
OfficerBENSON,SHALEANA R
Phone
562 570-7381 RECORDS
Fax
562 570-7080 FAX
Administrative Information
AgencyLONG BEACH POLICE DEPARTMENT DR No17-45374 Supplement No0004 Reported Date07/30/2017 Reported Time03:45
CAD Call No
172101730
Rpt Typ
FOLLOW-UP REPORT
Primary Offense
OBSTRUCT PUBLIC OFFICER
Location
OBISPO AV
City
LONG BEACH
ZIP Code
90814
Rep Dist
503
Area
02
Beat
09
From Date
07/29/2017
From Time
22:15
Officer
6205/BENSON,SHALEANA R
Assignment
PATROL/EAST/CFS/W1
2nd OfficerHERRERA,ALVINO R JR AssignmentPATROL/EAST/CFS/W1 Entered by6205 AssignmentPATROL/EAST/CFS/W1
RMS TransferSuccessful Prop Trans StatSuccessful Approving Officer10251 Approval Date07/31/2017 Approval Time16:26:04
Narrative
On 07/29/2017 at approximately 2231 hours, I (Sergeant S. Benson #6205) was made aware of an officer
requesting a sergeant for a use of force incident at 7th Street / Obispo Avenue. (Call #1730)
I responded to the location and contacted Officer M. Torres #6252 who advised me that he had responded to an
unknown trouble call involving a possible impaired or "5150" subject kicking the calling party's vehicle and
punching the windows.
Officer Torres stated he arrived on scene and was directed by the calling party toward the subject described in the
call that was lying down near the church. Officer Torres stated he attempted to detain the subject to conduct an
investigation, but the subject (later identified as ARR Mark Johnson) tried to walk away from him. Officer Torres
stated he used bodily force to prevent ARR Johnson from leaving the scene. ARR Johnson pushed Officer Torres
multiple times to avoid detention and arrest. Officer Torres stated Officers B. Elliott #10027 and J.
Vandemoortel #10092 arrived on scene and attempted to handcuff ARR Johnson.
Officer Torres stated ARR Johnson continued to actively resist being handcuffed and was physically pushing and
pulling away from the officers. During ARR Johnson's active resistance, Officer Torres was able to place a
carotid restraint on ARR Johnson. Officer Torres stated ARR Johnson did lose consciousness and fell forward
onto the sidewalk in front of the church, causing ARR Johnson to sustain minor injuries to his face. Once ARR
Johnson was ground, Officers Elliott and Vandemoortel were able to place handcuffs onto ARR Johnson and
request paramedics and a sergeant for use of force.
I went to contact ARR Johnson, who was seated against the wall of the church handcuffed. I noticed ARR
Johnson was wearing a black t-shirt,light blue medical pants ("scrubs"),and tennis shoes. He had blood on his
nose and running down the right side of his face. I contacted ARR Johnson and identified myself. I asked ARR
Johnson if the officers had advised him of his Miranda Rights and he replied, "No." I advised ARR Johnson of
his Miranda Rights in the presence of Officers Torres and Elliott. ARR Johnson answered, "Yes," to waiver
question one and said he would talk to me about what happened. ((I was not able to audio record the interview
due to a malfunctioning tape recorder))
ARR Johnson told me the following:
ARR Johnson stated he was sleeping near the fence and flowerbeds of the church when a black vehicle (he
pointed to a black Toyota Prius parked along the east curb) pulled up. The driver tapped on the passenger
window and yelled out, "Hey, you want to jack off?" ARR Johnson stated he did not know the driver. He stated
the vehicle stayed parked there and did not leave. ARR Johnson stated he got up, walked over to the car on
Report Officer
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17-45374 Supplement No
0004
LONG BEACH POLICE DEPARTMENT
Narrative
knocked on the passenger window. ARR Johnson said he then asked, "What do you want?" He said the male
driver again said, "Do you want to jack off?" ARR Johnson said he replied, "No," and grabbed his belongings to
leave the area.
ARR Johnson stopped talking at this point, as if it were the end of the story.I asked ARR Johnson to confirm that
he was sleeping near the church just east of the public sidewalk, when an unknown male subject in the black
Prius parked along the curb and attempted to proposition him for sex. ARR Johnson said, "Yes." I asked ARR
Johnson if he ever kicked, punched or tried to open the door of the Prius. ARR Johnson said, "No, I just knocked
on the window and asked him what he wanted." I then tried to walk away from the car.
I asked ARR Johnson what happened when the police officers got there. ARR Johnson told me the following: "I
saw the police arrive and heard the cop yell, 'Hey! Hey!' and then he grabbed my arm and pushed me against the
wall. I grabbed t e officer's arm to prevent myself from falling and then the officer choked me out."
I asked ARR Johnson if he knew the officer was speaking to him, if the officer ever told him to stop, or advised
him that he was being detained. ARR Johnson replied, "No." I asked ARR Johnson if he grabbed the officer's
arm in an attempt to flee or fight the officer. He again replied, "No, I grabbed his arm so I wouldn't fall over." I
asked ARR Johnson if he ever pushed one of the officers or if he resisted being handcuffed. Again ARR Johnson
replied, "No. He just choked me out." I asked ARR Johnson if he had anything else he wanted to tell me about
the incident or if he wanted to make a complaint about the incident. He said, "No."
I pointed out the injuries on his face and asked him if he had any other injuries. ARR Johnson said, "Just my neck
and back. I am in pain." I told him that we were going to transport him to the hospital for medical clearance prior
to booking him for resisting arrest. I further told him since he sustained facial injuries that an Internal Affairs
Detective going to respond to the hospital as well and he would have the opportunity to speak with them. ARR
Johnson said, "Okay." ARR Johnson was assisted into a standing position and walked to Officer Castro's
vehicle without resistance. Officer J. Castro #10763 transported ARR Johnson to Community Hospital for
medical clearance.
I responded to Community Hospital and spoke a little more with ARR Johnson.During our conversation, ARR
Johnson stated his knees hurt too. I took additional photographs after hospital personnel had cleaned his
injuries. I noticed an approximate 1/4" laceration and small abrasion above the right eyebrow, an approximate ½"
abrasion across the top of his nose, a small abrasion and redness to the right knee and redness to the left knee.
No other injuries were observed or indicated.
However I did notice what appeared to be a fresh, within the last 24-hours, injection site on the inside arm near
the elbow. I asked ARR Johnson when he last used meth (methamphetamines) and he replied, "about five days
ago." I asked him if he used any drugs or prescribed medications today. He replied, "I smoked some weed this
morning when I woke up, but nothing else." ARR Johnson said uses marijuana for neck pain that was a result of
a car accident several years ago. While talking about his neck pain, ARR Johnson did state that he randomly
twitches and has spasms. ARR Johnson also stated he is prescribed which he gets when he sees his
doctor once per month, for , but has not taken those in
about two years. No further questions were asked.
Officers A. Herrera #10047 and H. Ernenwein #11011 contacted the original calling party for a statement. Other
officers attempted to locate video and/or witnesses to the use of force, but none could be located. See Officer
Ernenwein's report for additional information.
See Officers Torres, Elliott and Vandemoortel's supplemental reports for further on the use of force.
Officer J. Kroger #6066 responded to the scene and took photographs of ARR Johnson, the victim's vehicle, the
scene and all the officers involved in the use of force incident. Those photographs, along with photographs I
took of ARR Johnson at Community Hospital, were uploaded into Mideo.
I notified Lieutenant M. McGuire #5729 of the use of force incident.
Internal Affairs Detective D. Mendoza #5710 responded to the hospital and spoke with ARR Johnson. No
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17-45374 Supplement No
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LONG BEACH POLICE DEPARTMENT
Narrative
allegations of misconduct were made.
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6205/BENSON,SHALEANA R
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17-45374 Supplement No
0005
LONG BEACH POLICE DEPARTMENT
400 WEST BROADWAY
Reported Date
08/02/2017
LONG BEACH, CA 90802 Primary Offense148(A)(1)PC
OfficerCASTRO,JOSE MANUEL
Phone
562 570-7381 RECORDS
Fax
562 570-7080 FAX
Administrative Information
AgencyLONG BEACH POLICE DEPARTMENT DR No17-45374 Supplement No0005 Reported Date08/02/2017 Reported Time08:53
CAD Call No
172101730
Rpt Typ
PROPERTY REPORT
Primary Offense
OBSTRUCT PUBLIC OFFICER
Location
OBISPO AV/E 7TH ST
City
LONG BEACH
ZIP Code
90814
Rep Dist
503
Area
02
Beat
09
From Date
07/29/2017
From Time
22:15
Officer
10763/CASTRO,JOSE MANUEL
Assignment
PATROL/EAST/CFS/W1
2nd OfficerHERRERA,ALVINO R JR AssignmentPATROL/EAST/CFS/W1 Entered by10755
AssignmentINVEST/FSSD/EVID CONTROL/PROPERTY RMS TransferSuccessful Prop Trans StatSuccessful
Approving Officer7108 Approval Date08/02/2017 Approval Time11:36:53
Property
Prop #
1
Involvement
PRISONER'S PROPERTY
Invl Date
08/02/2017
In Custody?
Yes
Security
No
Tag No
884632
Item No
1
Description1. GYM BAG W/ CLOTHES, HYGIENE AND MISC ITEMS TypA
CatPersonal accessories (incl serial jewelry)ArticleClothing Entered Date08/02/2017 Entered Time08:54
RMS Transfer
Successful
Control
10755 0802170855
Report Officer
10763/CASTRO,JOSE MANUEL
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