Incident Summary UOF2017-0293_RedactedLong Beach Police Dept
Use Of Force Report
Incident Entered By: Sergeant Shaleana Benson - 6205
Assigned Investigator: [Incident pending assignment]
Incident Details
Date Received Date of Occurrence Time of Occurrence
7/29/2017 7/29/2017 22:18
Record ID #DR Number IA No
11971 170045374 UOF2017-0293
Date/Time Entered
8/20/2017 02:49
Incident Summary
Dispatch:
Officers were dispatched to an unknown trouble call in the area of 7th Street and Obispo Avenue. The calling party stated an unknown male was trying to kick the calling party’s vehicle and fight pedestrians in the area.
Call #1730.
Force Used:ARR Johnson refused to comply with orders and became combative. ARR Johnson physically pushed an officer
while attempting to avoid detention, and repeatedly tried to escape the officers’ control. Bodily force and
control holds were attempted to overcome ARR Johnson’s active and violent resistance. The Carotid restraint was applied and ARR Johnson was taken into custody.
Injuries:
ARR Johnson received basic medical care at a local hospital for the follow injuries sustained during the incident:
-An approximate ½” laceration and abrasion above the right eyebrow
-An approximate ¼” abrasion to the top of the nose
-An a small abrasion and visible redness to the right knee-Visible redness to the left knee
-Complaint of pain of the neck and back
No officers were injured during the incident.
Photographs/Videos:
Officer J. Kroeger #6066 took the initial photographs of ARR Johnson, the scene and the victim’s vehicle. I took additional photographs of ARR Johnson while at the hospital. All the photographs were uploaded into
Mideo.
No videos could be located in the area.
Statements:
Officer Ernenwein contacted the initial calling party, who additionally witnessed the use of force. The calling party stated he heard the officer advise ARR Johnson to “Stop Resisting” and observed ARR Johnson actively
resisting and possibly strike the officer with his elbow. For further, see Officer Ernenwein’s report.
ARR Johnson provided a statement, stating he only grabbed the officer’s arm to maintain his balance. He stated he did not actively resist or attempt to fight the officers. For further, see my supplemental report.
Conclusion/Actions:Based on my investigations, the use of force appeared reasonably objective and within policy.
Notifications:I notified Watch Commander Lieutenant M. McGuire #5729.
Internal Affairs Detective D. Mendoza #5710 was notified per policy and responded to the hospital.
Incident Location
• 668 Obispo Avenue, Long Beach
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
Medium 5'0'' to 5'3''
Officer Assessment of Citizen Condition During Incident
Signs of Drug Impairment
Officer(s) Injured Officer(s) Taken to Hospital
No No
Reporting/Involved Citizen Information
Mark Charles Johnson
DOB: 10/13/1976 Race: White Ethnicity: Gender: Male
Address
•
Phone
•
Role
•
Types of Resistance Citizen Used Against Officer(s)
• Assaultive
• Resistance
Injuries sustained by this citizen
Injury Regions Injury Locations
Abrasion/Laceration 1, 10, 13 1, 2, 3, 4
Involved Officers
Police Officer Brian Elliott - DID: 10027
Assignment at time of incident: Title: Police Officer Cop/Patrol/East/Cfs/W3/Shift A Graveyard
Video Footage: [No Response]
Role
•
Force used by this officer against the citizen
• Other Bodily Force - Was force effective: No
Force Used Effective? Regions Points of contact
Other Bodily Force No 6 1
Injuries sustained by this officer
Injury Regions Injury Locations
No injuries noted or visible
PO-FTO Michael Torres - DID: 6252
Assignment at time of incident: Title: PO-FTO Cop/Patrol/East/Cfs/W3/Shift C Afternoons
Video Footage: [No Response]
Role
•
Force used by this officer against the citizen
• Other Bodily Force - Was force effective: No
• Other Bodily Force - Was force effective: No
• Carotid - Was force effective: Yes
Force Used Effective? Regions Points of contact
Other Bodily Force No 6 1
Other Bodily Force No 3, 5 2, 3
Carotid Yes 2 4
Injuries sustained by this officer
Injury Regions Injury Locations
No injuries noted or visible
Recruit - Phase 3 Jeffrey Vandemoortel - DID: 10920
Assignment at time of incident: Title: Recruit - Phase 3 Cop/Patrol/South/Cfs/W2/Shift B Days
Video Footage: [No Response]
Role
•
Force used by this officer against the citizen
• Other Bodily Force - Was force effective: No
Force Used Effective? Regions Points of contact
Other Bodily Force No 4 1
Injuries sustained by this officer
Injury Regions Injury Locations
No injuries noted or visible
Citizen Witnesses
DOB: - Race: - Gender:
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
1/21/2018 Commander Patrick O'Dowd (None Specified)
Assignment notes
Field status changed in IAPro from To IA to Released
Email sent to receiver No email sent
1/21/2018 Commander Patrick O'Dowd (None Specified)
Assignment notes
Released back to IAPro
Email sent to receiver No email sent
Chain of Command History
Routing #1
Sent From: Sergeant Shaleana Benson
Sent To: Commander Melvin Mcguire
CC: (none)
Sent Date/Time: 8/20/2017 3:46 AM
Instructions from Sergeant Shaleana Benson to Commander Melvin Mcguire:
Sorry for the late entry, this may be a duplicate. The incident occurred on 7/29 and was an IA callout.
Comments/Response from Commander Melvin Mcguire:
Approved: Approved
Reason:
Comments: No further action. The use of force
was reasonable and within policy.
Routing #2
Sent From: Commander Melvin Mcguire
Sent To: Lieutenant Tyae Burford
CC: (none)
Sent Date/Time: 9/4/2017 4:59 PM
Instructions from Commander Melvin Mcguire to Lieutenant Tyae Burford:
For your review. I agree with the supervisor that the force used was reasonable, effective, and within policy.
Comments/Response from Lieutenant Tyae Burford:
Approved: Approved
Reason:
Comments:
Incident reviewed - Use of force was within necessary and within policy -
- No issues
Routing #3
Sent From: Lieutenant Tyae Burford
Sent To: Commander Erik Herzog
CC: (none)
Sent Date/Time: 12/28/2017 3:19 AM
Instructions from Lieutenant Tyae Burford to Commander Erik Herzog:
For your review
Comments/Response from Commander Erik Herzog:
Approved: Approved
Reason:
Comments:
[Forwarded by Commander Erik Herzog]
Routing #4
Sent From: Commander Erik Herzog
Sent To: Lieutenant David Poss
CC: (none)
Sent Date/Time: 12/31/2017 3:45 PM
Instructions from Commander Erik Herzog to Lieutenant David Poss:
UOF was reasonable and within policy. No additional follow-up required.
Comments/Response from Lieutenant David Poss:
Approved: Approved
Reason:
Comments: Uof was in policy. No further action necessary.
Assigned Investigator Signature Line
______________________________________________________
[Incident pending assignment]
Chain of Command Signature Lines
______________________________________________________
Commander Melvin Mcguire
______________________________________________________
Lieutenant Tyae Burford
______________________________________________________
Commander Erik Herzog
______________________________________________________ Lieutenant David Poss