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Incident Summary_RedactedLong Beach Police Dept Use Of Force Report Incident Entered By: Sergeant Carlos Nava - 5848 Assigned Investigator: [Incident pending assignment] Incident Details Date Received Date of Occurrence Time of Occurrence 1/18/2018 1/18/2018 08:59 Record ID #DR Number IA No 12358 180003812 UOF2018-0004 Date/Time Entered 1/18/2018 20:39 Incident Summary FACTS: On 1/18/18 at 0749 hours DET Officers V. Otto #5872 and A. Hunt A. #10011 conduct a pedestrian stop on a subject in the area of Wardlow Rd. and Pacific Ave, call # 0498. The subject fled toward Los Cerritos Park and they were unable to locate him; they described him as a male black wearing a green hooded sweatshirt and a black baseball cap. At 0809 hours a person called (call #0538) regarding a subject on the roof of their apartment complex located at The calling party indicated that the suspect was allegedly looking for a football and did not recognize him from the area. The calling party described him as a male black in his 30's wearing a green sweatshirt. Officers arrive on scene as well as the police helicopter and establish a perimeter. Officers made verbal contact with the subject and tried to convince him to come down; at one point the subject indicated that he was going to come down, but later refused. The apartment complex has multiple two-story townhouse style units connected to one another. Unit Fox saw the suspect remove a window screen from one of the units (unit #F) and open the window. The suspect crawled inside and out of sight. Moments later patrol officers contact an elderly female occupant who indicated that she thought someone is inside of her home. She told them that she was the only person that lived there and did not give anyone else permission to be inside of her home. The Officers formed and emergency arrest team and made entry into the apartment. They establish a foothold at the pedestrian entry to the garage inside of the residence. Officers on the perimeter could see the suspect trying to escape through the exterior garage door. K9 Officer H. Moore #10319 made two K9 announcements for the suspect to give up and he refused to come out. The police service dog (PSD) was released and made contact with the suspect. As the officers were making contact with the suspect bodily force was used to take him into custody. K9 DEPLOYMENT: The use of a Police Service Dog to search for a felony suspect that is actively burglarizing a house and refusing to come out is in policy and meets the following deployment criteria: A PSD may be used to apprehend an individual if any of the following conditions exist: a) The handler reasonably believes that the individual has either committed or has threatened to commit any felony or violent misdemeanor offense c) The individual is physically resisting or is threatening to resist arrest and the use of a PSD appears necessary to overcome such resistance FORCE USED: Police units surrounded the residence at and began negotiations with the suspect. They attempted to have the suspect peacefully surrender for approximately 50 minutes. Police units saw the suspect on the roof and spoke directly to the suspect asking him to surrender. During this time announcements were made by a vehicle mounted PA both for the suspect to surrender and to advise the suspect that a K9 would be used to search for him. Unit K7, Officer Moore, confirmed with the incident commander that the suspect was not allowed to be in the residence. He exhausted all efforts to negotiate a peaceful surrender and formulated a plan to search the residence for the suspected burglar inside the residence. The plan was approved by the I.C. then executed. Officer Moore and the E.A.T. entered the residence and held at the pedestrian door to the garage. They made two K9 announcements into the garage and there was no response from the suspect. When there was no response he sent his PSD into the garage to search for the suspect. The PSD found the suspect in the garage and made contact with him. The arrest team moved up to the suspect and saw him striking the dog and making an effort to escape. Officer Moore ordered the suspect to stop fighting but he did not respond. Officers Ortiz and Parcells used force to take the suspect to the ground and put his arms behind his back for handcuffing (Officer P. Dougherty #5923 handcuffed). Officers N. Dougan #11118 and M. Mills #6185 utilized a hobble restraint to prevent the suspect from kicking the officers and further injuring himself. The suspect was then moved to the front of the location to be treated by LBFD. It should be noted that the suspect continued to thrash about wildly in and effort to free himself from the hobble restraint. While transporting the suspect to the hospital Officer Dougan rode in the back of the ambulance with the suspect. The suspect continued to thrash around wildy and had to be held down to keep him from injuring himself and Fire personnel. When they arrived at Memorial Hospital security personnel placed restraints on the suspect to keep him from injuring hospital staff. INJURIES: According to E.R. Doctor the suspect sustained a laceration to his face above the bridge of his nose, a broken nose, multiple puncture wounds to his left leg, and puncture wounds to his left hand. Officer Ortiz received a minor scratch to his left bicep while taking the suspect into custody. PHOTOGRAPHS/VIDEO: Officer A. Hunt #10011 took photos of the following: - The exterior of the residence where the suspect was seen by the garage - The view of the EAT from the entry door way - The Officers involved in the use of force - The suspect’s injuries - The suspect’s entry points, and footprints inside of the residence- Where the use of force occurred There was no video located at the time of the investigation. Lab tech P. Green-Purba arrived and processed the scene. STATEMENTS: I drove to Memorial Hospital to interview the suspect, however he was heavily sedated and I was unable to question him. I spoke to the victim of the burglary and digitally recorded our conversation. I summarized our interview and filed a follow-up in ARS. The interview was uploaded onto Mideo. CONCLUSION/ACTIONS: In my opinion the use of the police service dog to search for, locate and contact a felony burglary suspect was reasonable and in policy. Units on scene, managed by a sergeant, made every attempt to gain a peaceful surrender for a period of about 50 minutes. The suspect saw patrol officers and still refused to surrender. Officer Moore formulated a plan to safely search for the suspect that was now hiding in the house. The plan was approved by the on-scene sergeant. Officer Moore made additional K9 announcements and waited additional time for the suspect to surrender. Using a PSD for a non-compliant suspect hiding in a residence was an appropriate use of force for the crime committed and the actions of the suspect. NOTIFICATIONS: WC Lt. P. Siavii was notified of the use of force. I.A. Sergeant Mendoza #5710 was notified of the use of force and responded to the hospital. Burglary Detectives Raff #10538 and Vadnais #6077 were on scene at the location of the burglary. HOSPITALIZATION: The suspect is still currently in our custody at Memorial Hospital waiting to be cleared for booking. AB 71 Questions The officer perceived the suspect to be armed with: unknown weapon The officer confirmed that the suspect was armed with: not armed at the time of the contact The suspect's injury severity is: serious bodily injuryThe officers injury severity is: minor The suspect received the following medical aid: admitted to the hospital overnight (Memorial) The officer received the following medical aid: treated on the scene The officers status at the time of the use of force was: on dutyThe officers dress at the time of the use of force was: full uniform Incident Location 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 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 Large Officer Assessment of Citizen Condition During Incident Signs of Drug Impairment Officer(s) Injured Officer(s) Taken to Hospital Yes No Reporting/Involved Citizen Information Robert Martinez DOB: 5/31/1979 Race: Black 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, 13, 6 1, 2, 3 Charges against this Citizen • Felony • Misdemeanor Involved Officers Police Officer Nathan Dougan - DID: 11118 Assignment at time of incident: Title: Police Officer Cop/Patrol/North/Cfs/W2/Shift B Days Video Footage: [No Response] Role • Force used by this officer against the citizen • Hobble - Was force effective: Yes Force Used Effective? Regions Points of contact Hobble Yes 11, 13 1, 2 Police Officer Matthew Mills - DID: 6185 Assignment at time of incident: Title: Police Officer Cop/Patrol/North/Cfs/W2 Video Footage: [No Response] Role • Force used by this officer against the citizen • Hobble - Was force effective: Yes Force Used Effective? Regions Points of contact Hobble Yes 11, 13 1, 2 Police Officer Harrison Moore - DID: 10319 Assignment at time of incident: Title: Police Officer Cop/Patrol/Field Sup/Spec Enf/K9 W1/Shift A Graveyard Video Footage: [No Response] Role • Force used by this officer against the citizen • K-9 - Was force effective: Yes Force Used Effective? Regions Points of contact K-9 Yes 13, 6 1, 2 Injuries sustained by this officer Injury Regions Injury Locations Minor Injury 3 1 Police Officer Victor Ortiz - DID: 5983 Assignment at time of incident: Title: Police Officer Cop/Patrol/Field Sup/Spec Enf/K9 W2/Shift A Graveyard Video Footage: [No Response] Role • Force used by this officer against the citizen • Takedown - Was force effective: Yes Force Used Effective? Regions Points of contact Takedown Yes 6 1 Police Officer Michael Parcells - DID: 5509 Assignment at time of incident: Title: Police Officer Cop/Patrol/Field Sup/Spec Enf/K9 W1/Shift A Graveyard Video Footage: [No Response] Role • Force used by this officer against the citizen • Takedown - Was force effective: Yes Force Used Effective? Regions Points of contact Takedown Yes 4 1 Tasks No tasks to show Running Sheet Entries No running sheet entries to show Attachments No attachments Assignment History Sent Dt From To 3/11/2018 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 3/11/2018 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 Carlos Nava Sent To: Lieutenant Poe Siavii CC: Lieutenant Paul Baum Sent Date/Time: 1/19/2018 1:15 PM Instructions from Sergeant Carlos Nava to Lieutenant Poe Siavii: Please Review Comments/Response from Lieutenant Poe Siavii: Approved: Approved Reason: Comments: [Forwarded by Lieutenant Poe Siavii] Routing #2 Sent From: Lieutenant Poe Siavii Sent To: Lieutenant Paul Baum CC: (none) Sent Date/Time: 1/24/2018 8:41 AM Instructions from Lieutenant Poe Siavii to Lieutenant Paul Baum: All of the reports looks good. For your review and approval. Comments/Response from Lieutenant Paul Baum: Approved: Approved Reason: Comments: I reviewed all related reports and photographs related to the incident. The suspect was wanted for a felony crime, refused lawful orders to surrender, then actively resisted by kicking and concealing his arms while being taken into custody. Suspect admitted to being under the influence of methamphetamine and marijuana at the time of the incident. Based on the DR, witness statements, and Sergeant Nava's Supervisor's Report, I determined the Use of Force was justified and within policy. Routing #3 Sent From: Lieutenant Paul Baum Sent To: Commander Joel Cook CC: (none) Sent Date/Time: 1/25/2018 4:06 PM Instructions from Lieutenant Paul Baum to Commander Joel Cook: UOF related to a K9 contact of a burglary suspect on 1/18/18. Comments/Response from Commander Joel Cook: Approved: Approved Reason: Comments: The suspect was arrested for burglary of an inhabited residence. An elderly female resident ran from her home terrified by the burglar breaking into her house. She immediately summoned nearby police officers to help her. When the suspect was contacted by officers, he refused lawful orders to surrender, then actively resisted by kicking and concealing his arms while being taken into custody. The suspect admitted to being under the influence of more than one controlled substance - polydrug use. Based on the reports, witness statements, and the Supervisor's Report, the Use of Force is within policy Routing #4 Sent From: Commander Joel Cook Sent To: Lieutenant David Poss CC: (none) Sent Date/Time: 1/29/2018 9:12 AM Instructions from Commander Joel Cook to Lieutenant David Poss: For review. Comments/Response from Lieutenant David Poss: Approved: Approved Reason: Comments: UOF (K9) was in policy. Mideo files reviewed. No further action needed. Assigned Investigator Signature Line ______________________________________________________ [Incident pending assignment] Chain of Command Signature Lines ______________________________________________________ Lieutenant Poe Siavii ______________________________________________________ Lieutenant Paul Baum ______________________________________________________ Commander Joel Cook ______________________________________________________ Lieutenant David Poss