Blue Team_RedactedLong Beach Police Dept
Use Of Force Report
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Incident Details
Date Received Date of Occurrence Time of Occurrence
09/28/2019 09/28/2019 09:23
Record ID Number DR Number IA Number
14002 190054241 UOF2019-0280
Date/Time Entered Entered By
09/28/2019 16:04 Sergeant Jonathan Cole
Incident Summary
Dispatch:
Units were originally dispatched to an attempt armed 211 (knife) to Long Beach
Blvd.)
Force Used:
Officer Perez struck the suspect Jose Reyna several times with his baton. Officer Neal utilized a control hold prior to
handcuffing. For further on their use of force, see their respective ARS reports under same DR.
Injuries:
Suspect Reyna had welts to his left forearm and left lower leg. He had a laceration to his right inner leg and a fractured
right ulna (forearm). He was transported by BLS12 to LB Memorial and treated there by Dr. . While at the
hospital, a blood sample was drawn and placed into evidence. Reyna signed a LBPD medical release form. For further
on injuries, blood sample, and medical release form, see main ARS report, ARS supp 7 and photos. No officers were
injured as a result of the incident.
Photographs/Videos:
Officer De La Torre took photographs of the involved Officers, Suspect Reyna, and scene. The photos were uploaded
into Mideo.
Statements:
I spoke with Officer Perez, who told me about his baton strikes. He also notified me that his BWC was knocked off his
body as he exited his patrol car, prior to the use of force. I spoke with Officer Neal, who told me about his use of a
control hold. He also notified me that he thought he had activated his BWC prior to the use of force, however he realized
just after that it was not activated, resulting in a late activation of his BWC. For further on their specifice statements,
see their respective ARS reports.
I spoke with Suspect Reyna at the hospital. I read him his Miranda Advisement and he acknowledged that he
understood. I asked him several questions which he did not answer. He appeared to be falling asleep. My interview
with Suspect Reyna was recorded on my BWC and uploaded to Evidence.com under same DR number.
Officer Diarte contacted Witness , who told her that while seated on the bus bench (Artesia / Butler), she saw
two police vehicles, a smaller one and an SUV following a subject. She stated the smaller vehicle’s lights were
activated, but the SUV’s was not. She stated she officers were trying to run over the subject because they were
following the subject so closely. She stated she saw the subject fall to the sidewalk and an officer strike the subject for
no apparent reason. She stated she heard the subject yell to stop hurting him. For further on her statements, see
Officer Diarte’s supplemental report under same DR number.
It should be noted that the SUV was a K9 veh (K3 – Officer Ortiz) and Officers Perez and Neal were driving a marked,
black and white crown vic police car. When I arrived on scene, both vehicles had their light bars activated. Additionally,
Officer Ortiz was able to recover video (and place it into Mideo) from a nearby citizen’s backyard that showed the top of
the suspect’s head and the top of Officer Ortiz’s police car go by behind his back fence. Officer Ortiz’s vehicle lights
were activated.
Witness location was approximately 100 yards west of the location where the UOF occurred. Due to the
distance and noise level from passing vehicles as well as those on the above freeway overpass, it is doubtful she would
have been able to make out any words from either the subject or the officers.
Body Worn Camera Summary/Comments:
Officer Perez's BWC became caught on his seat belt and was pulled off his person when he exited his police car, prior to
the UOF. Officer Neal thought he had activated his BWC but realized it was not activated prior/during the UOF. He
activated his BWC as soon as he realized it was not recording. Both Perez and Neal notified me regarding their
respective BWCs. All BWC footage is subsequent to the UOF.
Body Worn Camera Effectiveness:
BWC was not effective in making a determination in this case as Officer Perez's BWC became detached from his person
prior to the UOF and Officer Neal's BWC was activated late, just after the UOF.
Hospitalization:
Yes, Suspect Reyna was treated in ER at LB Memorial and medically cleared for booking
The officer perceived the civilian to be armed with:
Knife, Blade, or Stabbing Instrument
The officer confirmed the civilian to be armed with:
Not Armed, weapon was not located
The civilian’s injury severity is:
Injury
The officer’s injury severity is:
No Injury
The civilian received the following medical aid:
Medical Assistance (At Facility and Released)
The officer received the following medical aid:
No Medical Assistance
The officer’s duty status at the time of the use of force incident was:
On Duty
The officer’s dress at the time of the use of force incident was:
Patrol Uniform
Officer role AB-71:
Yes (fractured Ulna)
Conclusion/Actions:
UOF Approved/No further action
Notifications:
On-call IA Sgt. Flores was notified of the incident and responded. WC Lt. Solomita was notified of the incident.
Incident Location
Addresses
Latitude, Longitude = [33.87000, -118.20000]
Artesia west of 710 FWY, Long Beach, CA, 90805
Use of Force Details
Reason For Using Force Service Being Rendered More Than 1 Citizen Involved
Detention/Arrest Call For Service No
Weather Condition Light Condition Distance to Citizen
Clear Daylight 1 feet to 3 feet
Citizen Injured Citizen Hospitalized Citizen Arrested
Yes No Yes
Citizen Build Citizen Height Citizen Influence Assessment
Medium 5'7'' to 5'9'' Signs of Drug Impairment
Officer(s) Injured Officer(s) Taken to Hospital
No No
Reporting/Involved Citizen
Jose Reyna
Date of Birth: 12/09/1984 Race: Hispanic Ethnicity: Unknown Gender: Male
Addresses [None Entered]
Phone Numbers [None Entered]
Role: [None Entered]
Type of Resistance Citizen Used Against Officer
• Passive non-compliance
• Resistance
Injuries Sustained By Citizen
Injury Region Injury Location
Abrasion/Laceration 11, D, 13 2, 3, 4
Bone fracture F 1
Charges Against Citizen
• Felony
4
2
3
1
Incident Officers
Police Officer William Neal - 10128
Assignment at time of incident: Police Officer COP/Patrol/North/Cfs/W2 Shift B Days
Video Footage: Body Worn Camera - Assigned (Activated)
Role: N/A
Force used by this Officer against Citizen
• Control Hold with Pain - Force Effective: Yes
Less lethal force used by this Officer against Citizen
Force Used Force Effective Region Point of Contact
Control Hold with Pain Yes 6 1
Injuries Sustained By Officer
Injury Region Injury Location
No injuries noted or visible
Police Officer Santos Perez - 10129
Assignment at time of incident: Police Officer COP/Patrol/North/Cfs/W2 Shift B Days
Video Footage: Body Worn Camera - Assigned (Equipment Failure)
Role: AB71
1
Officer Witnesses
Police Officer Victor Ortiz - 5983
Assignment at time of incident: Police Officer COP/Patrol/Field Sup/Spec Enf/K9 W3 Shift B Days
Video Footage: Body Worn Camera - Not Assigned
Role: [None Entered]
Tasks
Task Description Date Due Date Completed Summary
Running Sheet Entries
No running sheet entries to show
Attachments
No Attachments
Assignment History
No assignment history
Chain of Command History
Routing Number: 1
From Sergeant Jonathan Cole
To Lieutenant Michael Solomita
Cc:
Date/Time Sent 10/13/2019 10:03
Instructions From [ Sergeant Jonathan Cole ] To [ Lieutenant Michael Solomita ]
Sir, For your review. Respectfully, Jonathan
Comments/Response From [ Lieutenant Michael Solomita ]
Please make the corrections we discussed.
Routing Number: 2
From Lieutenant Michael Solomita
To Sergeant Jonathan Cole
Cc:
Date/Time Sent 11/05/2019 16:05
Instructions From [ Lieutenant Michael Solomita ] To [ Sergeant Jonathan Cole ]
Please make the corrections we discussed.
Comments/Response From [ Sergeant Jonathan Cole ]
Corrections made.
Routing Number: 3
From Sergeant
Jonathan Cole
To Lieutenant
Michael
Solomita
Cc:
Date/Time Sent 11/09/2019
14:37
Instructions From [ Sergeant Jonathan Cole ] To [ Lieutenant Michael Solomita ]
Sir, Corrected and re-sent for your review. Respectfully, Jonathan
Comments/Response From [ Lieutenant Michael Solomita ]
After reviewing the relevant materials related to the incident, I recommend the following for each
officer: Officer W. Neal: The force used was objectively reasonable and within department policy.
Officer S. Perez: The force used was objectively reasonable and within department policy.
Routing Number: 4
From Lieutenant Michael Solomita
To Commander Steven
Lauricella
Cc:
Date/Time Sent 11/18/2019 15:42
Instructions From [ Lieutenant Michael Solomita ] To [ Commander Steven Lauricella
]
Commander, For your review.
Comments/Response From [ Commander Steven Lauricella ]
Force was appropriate. No further action
Routing Number: 5
From Commander Steven Lauricella
To Deputy Chief Michael Lewis
Cc:
Date/Time Sent 01/07/2020 10:30
Instructions From [ Commander Steven Lauricella ] To [ Deputy Chief Michael Lewis ]
Bureau review
Comments/Response From [ Deputy Chief Michael Lewis ]
[None Entered]