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UOF Review_RedactedLong Beach Police Dept Use Of Force Report Incident Entered By: Sergeant John Magallanes - 10123 Assigned Investigator: [Incident pending assignment] Incident Details Date Received Date of Occurrence Time of Occurrence 8/17/2016 8/15/2016 23:38 Record ID #DR Number IA No 10895 160051912 UOF2016-0296 Date/Time Entered 8/17/2016 00:37 Incident Summary DISPATCH: Officer R. Cruz (#10009) and Officer E. Garcia (#10034) were working uniformed patrol when they contacted a subject Officer Cruz recognized as being on the Sureno Gang injunction. The subject was in public outside past the 2200 hour curfew (it was 2338 hours) for a subject served on the injunction. They contacted him and verified that he was indeed on the injunction and attempted to arrest him for 166(a)(9) PC violation of the gang injunction. FORCE USED: When Officer Cruz attempted to handcuff the suspect (Gilbert Porras) he fled. Officer Cruz used bodily force (tackle using both arms) to attempt to control Porras but it was ineffective as Porras was still able to stand and run with Cruz holding onto him. Porras continued to run northbound across 8th Street with Cruz holding onto him until they both fell down in the middle of 8th street. While Officer Cruz was trying to control Porras, Officer Garcia attempted to encircle Porras' neck in order to apply a carotid restraint but was not able to complete the control hold. Porras fell onto his back and punched toward Officer Cruz, while he was trying to control Porras' hands. Cruz was not able to access his other tools (CEW, OC spray) so Officer Cruz punched Porras once in the face, but it was ineffective as Porras continued to resist and fight. Porras stood up and tried to run away again this time southbound between two parked cars parked on the south side of the street, Officer Cruz used bodily force (wrapping both his arms around Porras) to try and control him from running away. This was partially effective, but Porras continued to resist. Officer Garcia then used her baton to strike Porras on the left side of his upper body, he felt the strike by saying ouch, but it was not effective as he continued to resist. While Cruz was still trying to use bodily force (both arms wrapped around Porras), Porras elbowed Officer Cruz in the face causing Officer Cruz to let go of Porras. At that time Officer Garcia tried to use a baton thrust to strike Porras, but Porras grabbed the baton and they struggled briefly over the baton. Officer Garcia communicated to Officer Cruz that Porras "had her baton." Officer Cruz used bodily force and pulled Porras away from Officer Garcia causing him to release his hold on Officer Garcia's baton. Porras landed on his back and Officer Cruz sat on top of Porras to control him and prevent him from getting away. Cruz also used bodily force to push Porras down to control him and prevent him from trying to get up. At this time both Officers tried to request help via police radio. But Officer Garcia's radio was damaged and Officer Cruz's radio was switched to a wrong channel (possibly during the struggle with Porras). Officer Garcia called 911 from her cellular phone reaching our dispatch center and requested help. She also used her CEW in a drive stun on the lower left side of Porras' back to try and gain control over Porras, but it was ineffective as Porras continued to struggle and tried to stand up from underneath Officer Cruz. Porras continued to resist Officer Cruz's and Officer Garcia's attempts to arrest him. Officer Cruz then applied the carotid restraint to Porras, which was effective. Porras was rendered unconscious and was handcuffed, no further force was used. After the application of the carotid, Porras was placed in the recovery position and Long Beach Fire was called in to treat and transport him to St. Mary's Hospital for further treatment. INJURIES: Officer Cruz, suffered a bruise to his forehead, small lacerations and contusion on his left forearm and hands, abrasions to his right knee, abrasions to his right forearm, and soreness to his left shoulder joint. Officer Garcia had lacerations to her left hand, and soreness to her right knee. Porras had abrasions on both of his knees, a CEW contact mark on the left torso, and a small laceration on his left ear. Porras also had staples on the top of his head from an assault he was the victim of prior to police contact. He also had numerous old injuries on his back that were healed. All three persons were photographed by Officer L. Lopez. PHOTOGRAPHS/VIDEOS: Officer Lopez photographed the scene, both officers and Porras. Officer E. Gomez contacted the staff at Solomon Medical at 780 Atlantic. They did have working video cameras that recorded the initial stop and when Porras fled, but the UOF occurred outside the camera's view. A copy of the video is forthcoming from John Lopez who is making a copy of the video. No other video was available. STATEMENTS: I made multiple attempts to speak with Porras while he was being treated at St. Mary's Hospital. He had the objective symptoms of having consumed alcohol during my contact with him. I recorded all the interviews and uploaded them into MIDEO. I also wrote a supplemental report summarizing my interview with him, please see my report in ARS for further. I also uploaded a copy of the 911 call that Officer Garcia made to request units to help. CONCLUSIONS: Based on the totality of the circumstances (the level and duration of resistance offered by Porras, the officer's radios being disabled) the force used was reasonable and in policy. NOTIFICATIONS: I notified Watch Commander Lieutenant E. Herzog of the incident. I also notified Internal Affairs Sergeant D. Scaccia and D. Mendoza who both responded. HOSPITALIZATION: NO Incident Location • N/A 8th street, e/o atlantic avenue, Long Beach, CA 90813 Categories Use of Force Specific Information Reason for Use of Force Service Being Rendered Resistive/Combative Pedestrian Stop 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 5'4'' to 5'6'' Officer Assessment of Citizen Condition During Incident None Officer(s) Injured Officer(s) Taken to Hospital Yes No Reporting/Involved Citizen Information Gilbert Porras DOB: 9/28/1982 Race: Hispanic Ethnicity: Gender: Male Address • Phone • Role • Types of Resistance Citizen Used Against Officer(s) • Assaultive • Resistance • Passive non-compliance Injuries sustained by this citizen Injury Regions Injury Locations CEW contact 1, 11, 13, H 1, 2, 3, 4 Involved Officers Police Officer Robert Cruz - DID: 10009 Assignment at time of incident: Title: Police Officer Cop/Patrol/West/Cfs/W1/Shift A Graveyard Video Footage: [No Response] Role • Force used by this officer against the citizen • Carotid - Was force effective: Yes • Other Bodily Force - Was force effective: No • Punch - Was force effective: No Force Used Effective?Regions Points of contact Carotid Yes 2 1, 2 Other Bodily Force No 4, 6, 8 3, 4, 5, 6 Punch No 1 7 Injuries sustained by this officer Injury Regions Injury Locations Bruise 1 1 Injury 11, 4, 6 2, 3, 4 soreness 5 5 Police Officer Elise Garcia - DID: 10034 Assignment at time of incident: Title: Police Officer Cop/Patrol/West/Cfs/W1/Shift A Graveyard Video Footage: [No Response] Role • Force used by this officer against the citizen • Baton - Was force effective: No • Carotid - Was force effective: No Less Lethal Force used by this officer against the citizen • CEW - Was Less Lethal Force Used Effective? No Serial # - Cartridge # - Statistical Information Reason not effective - Arc display No Was citizen painted with laser / red dot? No Force Used Effective?Regions Points of contact Baton No 5 1 CEW No H 2 Carotid No 2 3, 4 Injuries sustained by this officer Injury Regions Injury Locations Injury 11, 4 1, 2, 3 Tasks No tasks to show Running Sheet Entries No running sheet entries to show Attachments No attachments Assignment History Sent Dt From To 11/2/2016 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 John Magallanes Sent To: Commander Erik Herzog CC: (none) Sent Date/Time: 8/17/2016 1:53 AM Instructions from Sergeant John Magallanes to Commander Erik Herzog: Please see attached UOF Comments/Response from Commander Erik Herzog: Approved: Approved Reason: Comments: [Forwarded by Sergeant Erik Herzog] Routing #2 Sent From: Commander Erik Herzog Sent To: Commander Jeffrey Liberman CC: (none) Sent Date/Time: 8/21/2016 12:07 AM Instructions from Commander Erik Herzog to Commander Jeffrey Liberman: I have reviewed the reports and I listened to the suspects interview with IA and I spoke directly with the suspect. I noted his injuries are consistent with the force the officers articulated in their reports. Based on the reports I feel the use of force was within policy and reasonable given the circumstances. Sergeants have done roll call training reviewing safety features built into hand held radios with the watch since the incident. Comments/Response from Commander Jeffrey Liberman: Approved: Approved Reason: Comments: [Forwarded by Lieutenant Jeffrey Liberman] Routing #3 Sent From: Commander Jeffrey Liberman Sent To: Lieutenant David Poss CC: (none) Sent Date/Time: 8/24/2016 1:59 PM Instructions from Commander Jeffrey Liberman to Lieutenant David Poss: Under the circumstances, use of force was reasonable and in policy. No action required. For your review and approval. 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 Erik Herzog ______________________________________________________ Commander Jeffrey Liberman ______________________________________________________ Lieutenant David Poss