Incident Summary_RedactedLong Beach Police Dept
Use Of Force Report
Incident Entered By: Sergeant Adam Sturgeon - 10055
Assigned Investigator: [Incident pending assignment]
Incident Details
Date Received Date of Occurrence Time of Occurrence
11/13/2017 11/12/2017 12:47
Record ID # DR Number IA No
12189 170069019 UOF2017-0384
Date/Time Entered
11/13/2017 19:30
Incident Summary
DISPATCH:
Officer A. Garcia #6074 was dispatched to an unwelcome call at The Rocky Inn (1045 E Pacific Coast Hwy).
Officer Garcia contacted the involved party who had trespassed inside of a motel room without permission.
Upon contacting the suspect, the suspect was not compliant and additional units were requested. Officer R.
Rodriguez #10051 responded to assist and also made contact with the suspect who was trespassing in the motel room.
FORCE USED:
Officer Garcia attempted to gain voluntary compliance from the suspect. After the suspect resisted, Officer Garcia used bodily force to maintain control of the suspect’s arm. Officer Garcia maintained control of the
suspect’s arms and called for assistance via his police radio. Officer Rodriguez responded and assisted to gain
compliance from the suspect. During the detention, the suspect began to actively resist the officers.
Both Officers used bodily force to take the subject down. The suspect continued to resist and even attempted
to grab Officer Rodriguez’ CEW from his belt. Officer Rodriguez gave orders in both Spanish and English, but
the suspect did not comply. Officer Rodriguez used his baton and struck the suspect three times in the lower legs to gain his compliance. The officers then used bodily force to remove the suspect’s arms from under his
body and bring them behind his back to handcuff.
SUSPECT INJURIES:
The suspect sustained bruising to his lower legs consistent with being struck with a baton. The suspect also
sustained a fractured right hand. This was possibly caused when the suspect grabbed his lower legs when the
officer struck him with the baton.
OFFICER INJURIES:
Officer Garcia sustained a minor scratch to his right elbow.
PHOTOGRAPHS/VIDEOS:
Officer R. Tith #10248 responded and photographed the scene, the involved officers, and the suspect.
The motel has surveillance cameras in the parking area, but not inside of the rooms. No other video located.
STATEMENTS:
I conducted an interview of the suspect at the scene that was documented both by digital recorder and BWC. The suspect was read his Miranda Rights per PD form 1000.008 and after stating he understood his rights, he
spoke to me about what he remembers regarding the incident. The statement was documented via ARS under
the attached DR. I re-contacted the suspect at St Mary’s hospital when he was treated for his injuries. This
contact was digitally recorded. Both digital recordings were uploaded to Mideo and the BWC footage is available via Availweb.
CONCLUSIONS/ACTIONS:
Based on the totality of the circumstances, I believe the force used was reasonable, effective, and within policy.
NOTIFICATIONS:
Watch Commander Lt. McGuire was notified of the Use of Force.
Internal Affairs Sgt. Scaccia was notified and responded to the scene due to the suspect’s injuries.
HOSPITALIZATION:
NO. The suspect was treated for high blood pressure and provided with a soft cast for a fractured hand.
Incident Location
• 1045, Direction: E Pacific Coast Hwy Highway, Suite/Apt: 112, 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 Daylight 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
Medium 5'4'' to 5'6''
Officer Assessment of Citizen Condition During Incident
Signs of Drug Impairment
Officer(s) Injured Officer(s) Taken to Hospital
Yes No
Reporting/Involved Citizen Information
Jorge Saenz
DOB: 5/2/1980 Race: Hispanic Ethnicity: Gender: Male
Address
•
Role
•
Types of Resistance Citizen Used Against Officer(s)
• Resistance
Injuries sustained by this citizen
Injury Regions Injury Locations
Abrasion/Laceration 11, 13 1, 2, 3
Bone fracture 4 4
Charges against this Citizen
• Misdemeanor
Involved Officers
Police Officer Anthony Garcia - DID: 6074
Assignment at time of incident: Title: PO-FTO Cop/Patrol/West/Cfs/W2/Shift B Days
Video Footage: Body Worn Camera - No
Role •
Force used by this officer against the citizen
• Other Bodily Force - Was force effective: Yes
• Other Bodily Force - Was force effective: Yes
Force Used Effective? Regions Points of contact
Other Bodily Force Yes 1 1
Other Bodily Force Yes D 2
Injuries sustained by this officer
Injury Regions Injury Locations
Minor Injury F 1
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 - No
Role
•
Force used by this officer against the citizen
• Baton - Was force effective: Yes
Force Used Effective? Regions Points of contact
Baton Yes 11, 13, 4 1, 2, 3, 4
Injuries sustained by this officer
Injury Regions Injury Locations
No injuries noted or visible
Citizen Witnesses
DOB: - Race: - Gender:
Address •
Phone • Role
•
Tasks
No tasks to show
Running Sheet Entries
No running sheet entries to show
Attachments
No attachments
Assignment History
Sent Dt From To
6/18/2018 Lieutenant Darren Lance (None Specified)
Assignment notes Field status changed in IAPro from To IA to Released
Email sent to receiver
No email sent
6/18/2018 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 Adam Sturgeon
Sent To: Commander Melvin Mcguire
CC: (none)
Sent Date/Time: 11/13/2017 7:45 PM
Instructions from Sergeant Adam Sturgeon to Commander Melvin Mcguire:
Please review at your earliest convenience.
Comments/Response from Commander Melvin Mcguire:
Approved: Approved
Reason:
Comments:
I have reviewed the reports and documentation associated with this incident and found the use of force to be
reasonable, effective, and within policy. I recommend no further action.
Routing #2
Sent From: Commander Melvin Mcguire
Sent To: Commander Jeffrey Berkenkamp
CC: (none)
Sent Date/Time: 12/10/2017 2:38 PM
Instructions from Commander Melvin Mcguire to Commander Jeffrey Berkenkamp:
I believe you are getting these now...no issues. Force was reasonable and within policy.
Comments/Response from Commander Jeffrey Berkenkamp:
Approved: Not approved
Reason: Verbal Counseling
Comments:
Mel, I don't see anywhere in the reports whether the officers obtained a PPA from the CP before or after they entered the room and ended up in a UOF. Unless there is exigency, obtaining the PPA prior to going hands on
is idea, but if things escalated before it was practical to get one, one should have been obtained after the
detention. Not having a PPA at all could create later legal issues. In this case it seems like once officer Garcia realized the suspect was not going to comply he should have the CP re-contacted and obtained a PPA. Please make sure Sgt Sturgeon and the handling officers are reminded of this and reroute back to me.
Routing #3
Sent From: Commander Jeffrey Berkenkamp
Sent To: Commander Melvin Mcguire
CC: (none)
Sent Date/Time: 1/24/2018 8:17 AM
Instructions from Commander Jeffrey Berkenkamp to Commander Melvin Mcguire:
Mel, I don't see anywhere in the reports whether the officers obtained a PPA from the CP before or after they
entered the room and ended up in a UOF. Unless there is exigency, obtaining the PPA prior to going hands on
is idea, but if things escalated before it was practical to get one, one should have been obtained after the
detention. Not having a PPA at all could create later legal issues. In this case it seems like once officer Garcia realized the suspect was not going to comply he should have the CP re-contacted and obtained a PPA.
Please make sure Sgt Sturgeon and the handling officers are reminded of this and reroute back to me.
Comments/Response from Commander Melvin Mcguire:
Approved: Approved
Reason:
Comments:
The private person's arrest form was signed and was documented in the original incident report filed by Officer Rodriguez. It appears to have been obtained after the contact with the suspect due to the nature of
the contact and quickly the situation escalated.
Routing #4
Sent From: Commander Melvin Mcguire
Sent To: Commander Jeffrey Berkenkamp
CC: (none)
Sent Date/Time: 1/28/2018 5:18 PM
Instructions from Commander Melvin Mcguire to Commander Jeffrey Berkenkamp:
The PPA was obtained and signed after the UOF. It is documented in the original Incident Report filed by
Officer Rodriguez #10051.
Comments/Response from Commander Jeffrey Berkenkamp:
Approved: Approved
Reason:
Comments:
Based on the Supervisor's Report and Officer's Reports, the force used was objectively reasonable based on the totality of the circumstances. No further action.
Routing #5
Sent From: Commander Jeffrey Berkenkamp
Sent To: Lieutenant Americo Fernandez
CC: (none)
Sent Date/Time: 2/1/2018 10:40 AM
Instructions from Commander Jeffrey Berkenkamp to Lieutenant Americo Fernandez:
Based on the Supervisor's Report and Officer's Reports, the force used was objectively reasonable based on the totality of the circumstances. No further action.
Comments/Response from Lieutenant Americo Fernandez:
Approved: Approved
Reason:
Comments:
UOF is within policy and justified. No further review.
Assigned Investigator Signature Line
______________________________________________________
[Incident pending assignment]
Chain of Command Signature Lines
______________________________________________________
Commander Melvin Mcguire
______________________________________________________
Commander Jeffrey Berkenkamp
______________________________________________________
Lieutenant Americo Fernandez