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Printable Report _ BlueTeam 6_RedactedLong Beach Police Dept Use Of Force Report Print Incident Details Date Received Date of Occurrence Time of Occurrence 02/03/2018 02/03/2018 20:06 Record ID Number DR Number IA Number 12407 180007571 UOF2018-0060 Date/Time Entered Entered By Assigned Investigator 02/07/2018 23:11 [Incident pending assignment] Incident Summary Summary: Officers observed the pedestrian suspect cross an intersection against a stale red light. The suspect was a known gang member and was also in violation of gang injunction mandates. The officers attempted to stop the suspect for the observed violations. The suspect refused to stop and walked away into lanes of PCH traffic. As officers approached the suspect, he removed an unknown object from his waistband and held it in his hand concealing it. Officer Del Real approached the suspect in attempt to take physical control of him. The suspect then punched Officer Del Real in the face. At that point the Use of Force occurred. Force Used: Officer H. Vong tackled the suspect and used bodily force to take him to the ground. The suspect continued to struggle and Officer Vong applied a carotid control hold on the suspect to gain compliance. Officer Del Real applied his ECD to the suspect's right shoulder in order to gain pain compliance. Injuries – Suspect: The suspect suffered abrasions to his knees and the left side of his forehead. These injuries appeared consistent with the force used (tackle takedown). Officer Vong advised that he believed the suspect was rendered unconscious during the application of the carotid control hold. The suspect was treated at the scene and then transported to St. Mary Medical Center by the Long Beach Fire Department. The suspect was medically cleared for booking by St. Mary Medical Center. Injuries – Officer: Officer C. Del Real was struck in the face by the suspect with a closed fist. He suffered a cut to his lower lip and a swollen lower lip. Officer H. Vong suffered a laceration on the middle finger of his left hand. IOD paperwork filed on both officers. Photographs: Officer Newton photographed the involved officers, the suspect, the suspect’s injuries and the scene. Video: I was unable to locate any surveillance cameras that observe the area where the UOF occurred. Officer Vong and Officer Del Real were both equipped with body worn cameras. I reviewed their body worn camera footage. Witness Statements: We attempted to locate witnesses nearby. See follow-up reports. Suspect Interview: I interviewed the suspect regarding the incident. I digitally recorded the interview. See follow-up reports. Conclusions/Actions: Based on the statements made by the officers, the police reports filed by involved officers and my own observations, I believe that the force used was reasonable and within policy. During my review of the body camera footage, I noted Officer Del Real's use of profanity. I discussed this with Officer Del Real. It should be noted that I believe Officer Del Real acted in a very professional manner after being struck in the face by the suspect, despite his use of profanity. Notifications: Watch Commander Lt. M. McGuire was advised of the incident. Hospitalization: No The officer perceived the civilian to be armed with: Unknown Weapon The officer confirmed the civilian was armed with: Later found to be a black plastic hair comb The civilian’s injury severity is: Minor Injury The officer’s injury severity is: Minor Injury The civilian received the following medical aid: Medical Assistance (At Facility & Released) The officer received the following medical aid: Medical Assistance(Treated on Scene) Incident Location Addresses Pacific Coast HW/Atlantic Avenue Highway, Long Beach, CA, 90806 Use of Force Details Reason For Using Force Service Being Rendered More Than 1 Citizen Involved Resistive/Combative Pedestrian Stop No Weather Condition Light Condition Distance to Citizen Clear Night-Darkness 1 feet to 3 feet Citizen Injured Citizen Hospitalized Citizen Arrested Yes Yes Yes Citizen Build Citizen Height Citizen Influence Assessment Medium 5'4'' to 5'6'' None Officer(s) Injured Officer(s) Taken to Hospital Yes No Reporting/Involved Citizen Juan Carlos Reyes Date of Birth: 07/08/1986 Race: Hispanic Ethnicity: Unknown Gender: Male Addresses [None Entered] Phone Numbers [None Entered] Role: [None Entered] Type of Resistance Citizen Used Against Officer • Assaultive Injuries Sustained By Citizen Injury Region Injury Location Abrasion/Laceration 1, 11, 13 1, 2, 3 Unconsciousness X 4 Charges Against Citizen • Felony Incident Officers Police Officer Henry Vong - 10124 Assignment at time of incident: Police Officer Cop/Patrol/West/Dir Enf/Staff Shift C Afternoons Video Footage: Body Worn Camera - Yes (Activated) Role: [None Entered] Force used by this Officer against Citizen • Carotid - Rendered Unconscious - Force Effective: Yes • Tackle - Force Effective: Yes Less lethal force used by this Officer against Citizen Force Used Force Effective Region Point of Contact Carotid - Rendered Unconscious Yes 2, 2 3, 4 Tackle Yes G, G 1, 2 1 2 3 4 Injuries Sustained By Officer Injury Region Injury Location Minor Injury 6 1 3 4 21 1 Police Officer Carlos Del Real - 6228 Assignment at time of incident: Police Officer Cop/Patrol/West/Dir Enf/Staff Shift C Afternoons Video Footage: Body Worn Camera - Yes (Activated) Role: [None Entered] Force used by this Officer against Citizen Less lethal force used by this Officer against Citizen • CEW - Less lethal force effective: Yes Serial Number: [None Entered] Cartridge Number: [None Entered] Projectile/Probe Deployment: No Direct Stun Contact: No Statistical Information Arc Display: No Citizen painted with laser/red dot: No Force Used Force Effective Region Point of Contact CEW Yes G, G 1, 2 Injuries Sustained By Officer Injury Region Injury Location Minor Injury 1 1 12 Tasks Task Description Date Due Date Completed Summary Running Sheet Entries No running sheet entries to show Attachments No Attachments Assignment History Date/Time Sent From To Activity 10/21/2018 16:53 Lie D Lance Field status changed in IAPro from To IA to Released 10/21/2018 16:53 Lie D Lance Released back to IAPro Chain of Command History Routing Number: 1 From 1 To Commander Melvin Mcguire Cc: Date/Time Sent 02/07/2018 23:20 Instructions From [] To [ Commander Melvin Mcguire ] Please review the attached USE OF FORCE incident. Comments/Response From [ Commander Melvin Mcguire ] I reviewed this use of force incident and found the force used was reasonable and within policy. Routing Number: 2 From Commander Melvin Mcguire To Lieutenant Poe Siavii Cc: Date/Time Sent 03/08/2018 10:26 Instructions From [ Commander Melvin Mcguire ] To [ Lieutenant Poe Siavii ] For your review. I found the use of force to be within policy. Comments/Response From [ Lieutenant Poe Siavii ] [Forwarded by Lieutenant Poe Siavii] Routing Number: 3 From Lieutenant Poe Siavii To Commander Jeffrey Berkenkamp Cc: Date/Time Sent 03/14/2018 10:08 Instructions From [ Lieutenant Poe Siavii ] To [ Commander Jeffrey Berkenkamp ] UOF: In-Policy and No Action. , UOF reports looks great except a few spelling errors. In the future, make sure to add charge the suspect with the initial traffic violation regarding the probable cause for the stop. I did not see the 21453(d)CVC on the additional charge section of the ARS report. Comments/Response From [ Commander Jeffrey Berkenkamp ] Based on Supervisor and Officer Reports as well as BWC footage, the force used was objectively reasonable based on the totality of the circumstances. No further action. Routing Number: 4 From Commander Jeffrey Berkenkamp To Commander Patrick O'dowd Cc: Date/Time Sent 04/04/2018 10:53 Instructions From [ Commander Jeffrey Berkenkamp ] To [ Commander Patrick O'dowd ] Based on Supervisor and Officer Reports as well as BWC footage, the force used was objectively reasonable based on the totality of the circumstances. No further action. Comments/Response From [ Commander Patrick O'dowd ] In policy, verbal counseling provided