Incident Summary_RedactedLong Beach Police Dept
Use Of Force Report
Incident Entered By: Sergeant Jose Flores - 10007
Assigned Investigator: [Incident pending assignment]
Incident Details
Date Received Date of Occurrence Time of Occurrence
1/21/2018 1/21/2018 20:00
Record ID # DR Number IA No
12371 180004636 UOF2018-0046
Date/Time Entered
1/22/2018 23:20
Incident Summary
Dispatch:
On 01/21/18 at approximately 2000 hours, Unit 4C61 (Officer R. Rodriguez #10051 and Officer R. Corona #11140) were on routine patrol in the area of Pacific Coast Hwy and Daisy Avenue when they observed the
suspect, who was identified as Rich James, commit a bicycle violation.
Officer Rodriguez and Officer Corona contacted James and a use of force occurred. For further see their reports.
Force Used:Officer Rodriguez used bodily force and a takedown to take James into custody. After James was taken into custody James refused to sit in the backseat and positioned his body in such a manner which prevented
Officer Rodriguez and Officer Corona from placing him in the backseat. Officer Rodriguez used two baton
thrusts to James' abdomen to place him in the backseat of the patrol vehicle.
Officer Corona used bodily force to take control of James' right arm and handcuff him.
Injuries:Officer Rodriguez had an abrasion to his right knee. At the time of the use of force James had abrassions to
his right hand and did not complain of any pain.
On 01/22/18, (the day after the use of force) I was notified by Sgt Ramirez (Booking Sergeant) that James
had complained of pain to his hand and had been transported to St. Mary's hospital, which was where it was
determined James had a bone fracture to his right hand.
Photographs/Videos:
Officer Stein photographed the scene, Officer Rodriguez and Officer Corona, and James.
Body Worn Camera (BWC) was present at the scene. I viewed the BWC prior to writing my report.
Statements:
On 01/21/18, I drove to 400 W. Broadway and contacted James. I read James his Miranda Rights per PD Form 1000.008. I asked James question #1. James closed his eyes and ignored me.
I audio recorded that interview and uploaded it to Mideo.
On 01/22/18, I drove to 400 W. Broadway (6th floor men's jail) and re-contacted James, who had been
escorted to an interview room by jailers. I read Jame's his Miranda Rights per PD Form 1000.008. James
replied to question #1, "Yes." I asked James if he wished to speak to me and he immediately requested a lawyer.
I continued my questioning regarding my administrative investigation. I asked James if he wished to speak to
me regarding the Use of Force.
James advised me he was not aware why he was being detained, but understood Officer Rodriguez and
Officer Corona were police officers. James told me he was moving away from Officer Rodriguez as he approached him. James advised me he felt threatened which was why he moved away from Officer
Rodriguez. James went on to tell me Officer Rodriguez tackled him as he was moving away from Officer Rodriguez. James then told me he has been in fights with the police in the past, which was why he felt
threatened by the police.
James advised me his hand was broken when Officer Rodriguez took him to the ground. During my
conversation with James would consistently speak over me and would at times become argumentative. James
did not make any further statements and I ended my interview of James.
At no time did James allege any misconduct during my interview. I audio recorded my interview of James and
uploaded it to Mideo.
Conclusion/Actions:
Based on my investigation I formed the opinion the force used was objectively reasonable based on the
totality of the circumstances and within department policy.
During the booking process, James became assaultive, and attempted to spit at the officers. Officer Rodriguez
applied a spit mask without any force.
Notifications:
On 01/21/18, WC Lt McGuire was advised of the use of force. On 01/22/18, WC Lt Zapalski was advised of
the fractured bone in James' hand. IA Sgt Mendoza was advised of James' fractured bone but did not
respond.
Hospitalization: No
Incident Location
• 520, Direction: W Pacific Coast Highway, Long Beach, CA 90806
Categories
Use of Force Specific Information
Reason for Use of Force Service Being Rendered
Detention/Arrest Call For Service
Weather Condition Lighting Condition Distance to Citizen
Clear Night-Darkness 1 feet to 3 feet
Citizen Injured Citizen Taken to Hospital Citizen Arrested
Yes Yes Yes
More than 1 Citizen Involved
No
Citizen's Build Citizen's Height
Large 6'1'' to 6'3''
Officer Assessment of Citizen Condition During Incident
Signs of Alcohol Impairment
Officer(s) Injured Officer(s) Taken to Hospital
Yes No
Reporting/Involved Citizen Information
James theodore Rich
DOB: 7/29/1969 Race: Black Ethnicity: Gender: Male
Address •
Phone •
Role
•
Types of Resistance Citizen Used Against Officer(s)
• Assaultive
• Passive non-compliance
Injuries sustained by this citizen
Injury Regions Injury Locations
Bone fracture 4 1
Charges against this Citizen
• Misdemeanor
Involved Officers
Police Officer Raymond Corona - DID: 11140
Assignment at time of incident: Title: Police Officer Cop/Patrol/West/Cfs/W3/Shift C Afternoons
Video Footage: Body Worn Camera - No
Role
•
Force used by this officer against the citizen
• Other Bodily Force - Was force effective: Yes
Force Used Effective? Regions Points of contact
Other Bodily Force Yes 4, F, J, L 1, 2, 3, 4
Injuries sustained by this officer
Injury Regions Injury Locations
No injuries noted or visible
Police Officer Rodolfo Rodriguez - DID: 10051
Assignment at time of incident: Title: Police Officer Cop/Patrol/West/Cfs/W2/Shift B Days
Video Footage: Body Worn Camera - Not Assigned
Role
• N/A
Force used by this officer against the citizen
• Tackle - Was force effective: Yes
• Baton - Was force effective: Yes
Force Used Effective? Regions Points of contact
Tackle Yes 8, H 1, 2, 3, 4
Baton Yes 8 5, 6
Injuries sustained by this officer
Injury Regions Injury Locations
No injuries noted or visible
Tasks
No tasks to show
Running Sheet Entries
No running sheet entries to show
Attachments
No attachments
Assignment History
Sent Dt From To
8/20/2018 Lieutenant Darren Lance (None Specified)
Assignment notes Field status changed in IAPro from To IA to Released
Email sent to receiver
No email sent
8/20/2018 Lieutenant Darren Lance (None Specified)
Assignment notes Released back to IAPro
Email sent to receiver
No email sent
Chain of Command History
Routing #1
Sent From: Sergeant Jose Flores
Sent To: Commander Melvin Mcguire
CC: (none)
Sent Date/Time: 1/23/2018 6:51 PM
Instructions from Sergeant Jose Flores to Commander Melvin Mcguire:
Lt,
Please review the UOF.
Sgt Flores
Comments/Response from Commander Melvin Mcguire:
Approved: Approved
Reason:
Comments:
I have reviewed this incident and found the use of force to be reasonable, effective, and within policy.
Routing #2
Sent From: Commander Melvin Mcguire
Sent To: Commander Jeffrey Berkenkamp
CC: (none)
Sent Date/Time: 1/28/2018 5:37 PM
Instructions from Commander Melvin Mcguire to Commander Jeffrey Berkenkamp:
For your review. I found the use of force to be reasonable and within policy.
Comments/Response from Commander Jeffrey Berkenkamp:
Approved: Approved
Reason:
Comments:
Based on the Supervisor's Report and Officer's Report the force used was objectively reasonable based on the
totality of the circumstances. No further action. (BWC did not capture any of the force).
Routing #3
Sent From: Commander Jeffrey Berkenkamp
Sent To: Sergeant Americo Fernandez
CC: (none)
Sent Date/Time: 3/7/2018 1:07 PM
Instructions from Commander Jeffrey Berkenkamp to Sergeant Americo Fernandez:
Based on the Supervisor's Report and Officer's Report the force used was objectively reasonable based on the
totality of the circumstances. No further action. (BWC did not capture any of the force).
Comments/Response from Sergeant Americo Fernandez:
Approved: Approved
Reason:
Comments: For Bureau review
Routing #4
Sent From: Sergeant Americo Fernandez
Sent To: Commander Patrick O'dowd
CC: (none)
Sent Date/Time: 6/12/2018 9:22 AM
Instructions from Sergeant Americo Fernandez to Commander Patrick O'dowd:
For Bureau review
Comments/Response from Commander Patrick O'dowd:
Approved: Not approved
Reason: Other Action
Comments:
BWC question not answered for Officer Rodriguez
Routing #5
Sent From: Commander Patrick O'dowd
Sent To: Sergeant Jose Flores
CC: (none)
Sent Date/Time: 6/13/2018 12:33 PM
Instructions from Commander Patrick O'dowd to Sergeant Jose Flores:
Please answer the BWC question for Officer Rodriguez and return to me. Thank you.
Comments/Response from Sergeant Jose Flores:
Approved: Approved
Reason:
Comments:
[Forwarded by Sergeant Jose Flores]
Routing #6
Sent From: Sergeant Jose Flores
Sent To: Commander Patrick O'dowd
CC: (none)
Sent Date/Time: 6/13/2018 11:45 PM
Instructions from Sergeant Jose Flores to Commander Patrick O'dowd:
Lt,
I have answered the BWC question and forwarding this blue team to you, per your request.
Respectfully,
Sgt Flores
Comments/Response from Commander Patrick O'dowd:
Approved: Approved
Reason:
Comments:
In policy, no action No BWC-equipped officers involved in UOF. BWC's did capture subsequent standing up and seating of suspect
in police vehicle but BWC's were not present during UOF.
Assigned Investigator Signature Line
______________________________________________________ [Incident pending assignment]
Chain of Command Signature Lines
______________________________________________________ Commander Melvin Mcguire
______________________________________________________ Commander Jeffrey Berkenkamp
______________________________________________________ Sergeant Americo Fernandez
______________________________________________________
Commander Patrick O'dowd
______________________________________________________
Sergeant Jose Flores