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Home My WebLink About1809P-0205 Administrative Review_RedactedMEMORANDUM PALM SPRINGS POLICE DEPARTMENT DATE: May 2, 2019 TO: Chief of Police Bryan Reyes — Via Chain of Command FROM: Lieutenant Mike Villegas SUBJECT: Administrative Review — Use of Force (1809P-0205) On September 22, 2018, I received an Administrative Review submitted via Blue Team, by Sergeant Andre. I read and reviewed all reports and accompanying forms associated with this incident. I also viewed the photographs and listened to audio recordings of the radio traffic and an interview of the suspect by Sergeant Fieux. On September 2, 2018, Officers Crampton and Gilbert were working uniformed patrol and were driving marked police vehicles. At approximately 0101 hours, they were dispatched to regarding a disturbance. While en route to the call, PSPD dispatch advised that the suspect (later identified as Marvin Blake) was refusing to leave and acting aggressive. Dispatch added that Blake appeared to be under the influence of a controlled substance and had weapons registered to him. Upon arrival, Officer Crampton contacted the reporting party who told him that he wanted Blake removed from the property. Officer Crampton explained to Blake that the reporting party wanted him to leave the property, and if he refused to leave he would be in violation of trespassing. Blake became confrontational and told Officer Crampton, "No, I don't have to listen to the police." Blake attempted to walk away, at which point, Officer Crampton used his left hand and attempted to place Blake's left wrist in a twist lock. Officer Gilbert assisted and attempted to place Blake's right hand in a rear wrist lock. As soon as officers made contact with Blake, he immediately yelled, "Get off me," and began to swing his fists violently at both officers. Blake was able to break away from the officers' grasps and ran to the side yard area. Officer Crampton yelled at Blake to stop resisting and to get on the ground numerous times. However, Blake refused and fought with the officers. Blake struck Officer Crampton on his upper body and punched Officer Gilbert one time on his left jaw. Additionally, Blake attempted to tackle Officer Crampton, at which point Officer Gilbert delivered two closed fist distraction strikes to the right side of Blake's face. During the altercation, Officer Gilbert tripped over an exposed sprinkler line and fell to the ground. Blake attempted to mount Officer Gilbert and was striking at him with both of his fists. However, Officer Gilbert was able to keep Blake away by kicking him in his torso with both of his feet. Officer Crampton deployed his department issued Taser and warned Officer Gilbert he was deploying the Taser. Due to the darkness, Officer Crampton did not see where the darts struck Blake. PS P D-008638 5/2/2019 Page 2 of 4 Officer Crampton heard Blake make a moaning sound and saw the Taser arcing on Blake's right upper torso area. However, the use of the Taser did not appear to have much of an effect and Blake ran at Officer Crampton. Blake ducked his shoulders and attempted to tackle Officer Crampton. Blake's shoulder area struck Officer Crampton just above his waist line and Officer Crampton feared that Blake's left hand was now near his handgun. Officer Crampton focused all his efforts on covering the hood on his holster to prevent Blake from retrieving his firearm. At this point, Officer Gilbert was able to get behind Blake and punched him two times in the face to distract his attention from Officer Crampton. The strikes distracted Blake and Officer Crampton punched Blake one time in the left rib cage area to get Blake off of him. Blake then grabbed the right side of Officer Crampton's load bearing vest (LBV) and pulled on it. When Blake pulled on the side of the vest, it caused the panel to rip open. Officer Crampton swung his right arm in a downward motion with a closed fist and struck Blake's arm which caused him to release the LBV. Blake continued to swing his arms frantically while yelling "hell no" and "get away from me!" Officer Crampton believed the Taser darts were still attached to Blake, and he depressed the trigger on his Taser an additional time; however, it had no effect on Blake. As Blake continued to swing his arms wildly, he struck Officer Crampton on his right shoulder and Blake was able to grab onto Officer Crampton's LBV. With Blake's hand in this location, Blake attempted to place his arm around Officer Crampton's neck. Officer Gilbert believed that Blake was going to choke Officer Crampton and feared for Officer Crampton's life. Officer Gilbert drew his duty firearm from his holster and pointed it at Blake. Officer Gilbert ordered Blake to let go of Officer Crampton, at which point Officer Crampton was able to free himself from Blake's arms; however, Officer Crampton fell backwards. Blake grabbed a closed folding chair within the garage and began to raise it over Officer Crampton's head. Officer Gilbert holstered his handgun and deployed his Taser. The Taser darts struck Blake in the upper torso and Blake dropped the chair. After the 5 second cycle completed, Blake refocused his attention to Officer Gilbert and immediately ran towards him. Officer Crampton followed after Blake, got behind him, and placed him in a department approved carotid control hold. As Officer Crampton applied the carotid control hold, Blake pushed backwards and was swinging his right arm backwards in an effort to free himself. Blake's right elbow struck the right side of Officer Crampton's jaw two times. After applying the carotid hold for about 7 seconds, Officer Crampton felt Blake's body begin to relax. Upon losing consciousness, Officer Crampton assisted Blake's body to the ground and released the carotid control hold. Officer Gilbert was able to place Blake in handcuffs and Blake was immediately placed in the recovery position on his side. PS P D-008639 5/2/2019 Page 3 of 4 Officer Crampton was about to check Blake for breathing and search his person; however, Blake woke up and began to kick his legs violently and screamed to get off of him. Medical staffed was called to the scene to treat Blake and assess him for any injuries. Blake was then transported to DRMC for a medical clearance to book before being transported to the Larry Smith Correctional Facility in Banning, CA. Sergeant Fieux conducted an administrative interview of Blake at DRMC which was audio recorded. During the interview Blake was uncooperative and would not give clear answers to the questions asked by Sergeant Fieux. Blake denied fighting with officers and said he didn't know what had happened. Blake said he didn't know police were at the location and alleged he did not know what a police officer looked like. Blake also denied using any illegal drugs. Officer Crampton's injuries consisted of abrasions on his left arm, right arm and left knee. Officer Crampton was also bleeding from his left arm and had swelling to the right side of his jaw. Officer Gilbert's injuries consisted of visible scratches on his face and swelling to the left side of his jaw. Blake injuries consisted of abrasions to both his left and right elbows, an abrasion above his left eye, an abrasion on his left wrist, and a puncture wound on his stomach from a single Taser probe. During a search incident to arrest of Blake, a fixed blade knife was located in the right front pocket of his shorts. Blake was ultimately transported to the Smith Correctional Facility in Banning, CA, and booked for violations of 69 PC, 245(c) PC, 148(a)(1) PC, 21310 PC, and 243(b) PC. While struggling with the suspect, Officer Crampton discarded his Taser and there was damage caused to the cartridge area. The Taser was removed from service and Sergeant Andre issued Officer Crampton a replacement Taser. Sergeant Andre also downloaded the Taser report forms from Officer Crampton's and Officer Gilbert's Tasers. Based on the totality of the circumstances, it is my opinion that the force used during this incident was appropriate, necessary and justified. I believe that Officers Crampton and Gilbert were within policy as stated in Use of Force sections 300.3, 300.3.1, 300.3.2, 300.3.3., 300.3.4, and 309.1 - 309.10. PS P D-008640 5/2/2019 Page 4 of 4 Regarding Section 309.5.4 — Multiple Applications of the Taser Device; it states in part: Officers should apply the TASER device for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the TASER device against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications. In this case, the three applications of the Taser were ineffective and the suspect quickly regained his strength and continued to violently resist the officers. A copy of this administrative review will be sent to the Palm Springs City Attorney, Edward Kotkin. Respectfully submitted, Paieg-a4- Mike Villegas #15149 Lieutenant PSPD-008641