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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