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
9/1/2017 9/1/2017 22:21
Record ID #DR Number IA No
12001 170053052 UOF2017-0317
Date/Time Entered
9/3/2017 10:03
Incident Summary
Dispatch:
On 09/01/17 at approximately 2220 hours, Officer Redshaw #6278 and his partner (Officer A. Do #10652) were dispatched to an injury traffic collission in the area of 14th Street and Gardenia Ave.
Upon their arrival they attempted to contacted the driver, who was identified as Felipe Martinez-Lopez, of one
of the vehicles. Martinez-Lopez fled from Officer Redshaw and a short foot pursuit ensued. Officer Redshaw caught up to the suspect and a use of force occurred.
Force Used:In an attempt to prevent his apprehension, Martinez-Lopez ran to the entrance gate of Gardenia Ave and attempted to close it behind him. Officer Redshaw caught up to Martinez-Lopez and, before the gate fully
closed, kicked the gate open. The gate swung open and inadvertently struck Martinez-Lopez in the head.
Injuries:
After struck in the head by the gate, Martinez-Lopez fell and lost conscienceness for approximately 10
seconds. Martinez-Lopez had an approximately half inch laceration above his left eye-brow and an
approximately half inch laceration above his left cheek bone. Martinez was transported to St. Mary's hospital where he recieved a total of three sutures.
Officer Redshaw had mild lower back pain after the use of force occurred.
Photographs/Videos:
Officer Villanueva photographed the scene, Officer Redshaw, and Martinez-Lopez before he was transported
to the hospital. Officer Kim photographed Martinez-Lopez after he was released from the hospital.
Statements:
Martinez-Lopez is a Spanish speaker. I read him his Miranda Rights in Spanish per PD Form 1000.009. Martinez-Lopez replied to question #1 ,"Yes." Martinez-Lopez stated the following in Spanish: Martinez-Lopez
had ran from the police officers because he was affraid of being arrested. Martinez-Lopez also attempted to
close the gate because he was also affraid of being arrested.
Martinez-Lopez went on to tell me his injury to his head was caused when the officer took him to the ground
causing him to his head on the ground. Martinez-Lopez believed the use of force wouldn't have occurred if he
wouldn't have ran from the officer.
Martinez-Lopez did not make any further statements. I audio recorded my interview of Martinez-Lopez 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.
Officer Redshaw believed he was in foot pursuit of a felony injury hit and run suspect. As Martinez-Lopez
entered the appartment complex, Officer Redshaw feared this felony suspect was deliberately attempting to
close and lock the gate with the sole intent to prevent and delay him in arresting him. Officer Redshaw also feared this suspect would continue to flee from him and unlawfully enter and barricade himself into
someone's residence. To prevent any further delay in arresting this suspect Officer Redshaw kicked the security gate open. Officer Redshaw kicked the gate with the intent to prevent it from being locked on him so
he could continue his pursuit of the suspect. Officer Redshaw did not kick the gate with the intent to use it as
a device to be used against the suspect.
Notifications:
WC Lt Lance was advised of the use of force. IA Sgt Scacia was advised of the use of force and responded.
Hospitalization: Yes or No (Use grant definition below to answer this question)
No
Incident Location
• Gardenia Avenue, Long Beach, CA 90813
Categories
Use of Force Specific Information
Reason for Use of Force Service Being Rendered
Fleeing/Escaping Subject 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 5'7'' to 5'9''
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
Felipe Martinizlopez
DOB: 8/12/1991 Race: Hispanic Ethnicity: Gender: Male
Role
•
Types of Resistance Citizen Used Against Officer(s)
• Resistance
Injuries sustained by this citizen
Injury Regions Injury Locations
Abrasion/Laceration 1 1, 2
Charges against this Citizen
• Misdemeanor
Involved Officers
Police Officer Timothy Redshaw - DID: 6278
Assignment at time of incident: Title: Police Officer Cop/Patrol/West/Cfs/W3/Shift C Afternoons
Video Footage: Body Worn Camera - Not Assigned
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 1 1
Injuries sustained by this officer
Injury Regions Injury Locations
Minor Injury H 1
Officer Witnesses
Police Officer Alvin Do - DID: 10652
Video Footage: Body Worn Camera - Not Assigned
Role •
Tasks
No tasks to show
Running Sheet Entries
No running sheet entries to show
Attachments
No attachments
Assignment History
Sent Dt From To
5/31/2018 Sergeant Americo Fernandez Cop, Patrol, West
Assignment notes
Field assigned
Email sent to receiver No email sent
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 Jose Flores
Sent To: Lieutenant Darren Lance
CC: (none)
Sent Date/Time: 9/3/2017 10:52 AM
Instructions from Sergeant Jose Flores to Lieutenant Darren Lance:
Lt,
Please review the UOF.
Sgt Flores
Comments/Response from Lieutenant Darren Lance:
Approved: Not approved
Reason: Other Action
Comments: Make necessary edits
Routing #2
Sent From: Lieutenant Darren Lance
Sent To: Sergeant Jose Flores
CC: (none)
Sent Date/Time: 9/18/2017 12:40 PM
Instructions from Lieutenant Darren Lance to Sergeant Jose Flores:
REturning to you
Comments/Response from Sergeant Jose Flores:
Approved: Approved
Reason:
Comments:
[Forwarded by Sergeant Jose Flores]
Routing #3
Sent From: Sergeant Jose Flores
Sent To: Lieutenant Darren Lance
CC: (none)
Sent Date/Time: 9/19/2017 6:14 PM
Instructions from Sergeant Jose Flores to Lieutenant Darren Lance:
Lt Lance,
Please review UOF.
Thanks,
Sgt Flores
Comments/Response from Lieutenant Darren Lance:
Approved: Approved
Reason:
Comments:
Use of Force was reasonable, IN POLICY, no further action.
Routing #4
Sent From: Lieutenant Darren Lance
Sent To: Lieutenant John Kanaley
CC: (none)
Sent Date/Time: 11/12/2017 1:35 AM
Instructions from Lieutenant Darren Lance to Lieutenant John Kanaley:
Please review and forward, Redshaw is West Watch 3 (no LT assigned)
Comments/Response from Lieutenant John Kanaley:
Approved: Approved
Reason:
Comments:
[Forwarded by Lieutenant John Kanaley]
Routing #5
Sent From: Lieutenant John Kanaley
Sent To: Commander Jeffrey Berkenkamp
CC: (none)
Sent Date/Time: 12/5/2017 3:18 PM
Instructions from Lieutenant John Kanaley to Commander Jeffrey Berkenkamp:
Officer Redshaw was in foot pursuit of a hit and run subject. The officer swung a gate back at the subject
after the subject tried to close it on the officer. The force used by the officer caused the gate to strike the
subject on the head, resulting in a brief loss of consciousness. I.A. responded and the subject was treated accordingly to policy. Force was reasonable. Please review.
Comments/Response from Commander Jeffrey Berkenkamp:
Approved: Approved
Reason:
Comments:
After reviewing the Supervisor Report and Officers Reports, the force used was objectively reasonable based
on the totality of the circumstances. No further action.
Sgt. Flores,
In the future, please indicate in the Supervisors Report if knock and talks were conducted and a general
statement about them.
Routing #6
Sent From: Commander Jeffrey Berkenkamp
Sent To: Lieutenant Americo Fernandez
CC: Sergeant Jose Flores
Sent Date/Time: 1/22/2018 9:10 AM
Instructions from Commander Jeffrey Berkenkamp to Lieutenant Americo Fernandez:
After reviewing the Supervisor Report and Officers Reports, the force used was objectively reasonable based
on the totality of the circumstances. No further action.
Sgt. Flores,
In the future, please indicate in the Supervisors Report if knock and talks were conducted and a general statement about them.
Comments/Response from Lieutenant Americo Fernandez:
Approved: Not approved
Reason: Other Action
Comments:
Incomplete Report
Routing #7
Sent From: Lieutenant Americo Fernandez
Sent To: Sergeant Jose Flores
CC: Commander Jeffrey Berkenkamp
Sent Date/Time: 3/14/2018 1:03 PM
Instructions from Lieutenant Americo Fernandez to Sergeant Jose Flores:
Sergeant Flores - please answer the questions related to BWC for each officer. Send back to me when
completed.
Comments/Response from Sergeant Jose Flores:
Approved: Approved
Reason:
Comments:
I answered the questions related to BWC for each officer.
Routing #8
Sent From: Sergeant Jose Flores
Sent To: Lieutenant Americo Fernandez
CC: (none)
Sent Date/Time: 3/14/2018 5:10 PM
Instructions from Sergeant Jose Flores to Lieutenant Americo Fernandez:
I have answered questions related to the BWC for each officer.
Comments/Response from Lieutenant Americo Fernandez:
Approved:
Reason:
Comments: Incident routing was closed out by IAPro user Sergeant Americo Fernandez and the incident was re-routed to
Lieutenant Patrick J O'dowd [5604]
Routing #9
Sent From: Lieutenant Americo Fernandez
Sent To: Commander Patrick O'dowd
CC: (none)
Sent Date/Time: 5/31/2018 9:44 AM
Instructions from Lieutenant Americo Fernandez to Commander Patrick O'dowd:
Bureau Review
Comments/Response from Commander Patrick O'dowd:
Approved: Approved
Reason:
Comments: In policy - no action No BWC-equipped personnel were involved
Assigned Investigator Signature Line
______________________________________________________
[Incident pending assignment]
Chain of Command Signature Lines
______________________________________________________
Lieutenant Darren Lance
______________________________________________________ Sergeant Jose Flores
______________________________________________________ Lieutenant John Kanaley
______________________________________________________
Commander Jeffrey Berkenkamp
______________________________________________________
Lieutenant Americo Fernandez
______________________________________________________
Commander Patrick O'dowd