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HomeMy WebLinkAbout(Palm Springs 1) 1811P-2475; 27_PSPD-008615MEMORANDUM PALM SPRINGS POLICE DEPARTMENT TO: Chief of Police Bryan Reyes (via Chain of Command) FROM: Lieutenant Erik Larson DATE: April 27, 2019 SUBJECT: RE: Administrative Review — Use of Force (carotid/baton) 1811 P-2475 On April 26, 2019, 1 reviewed an administrative review submitted by Sergeant Hackbarth via Blue Team. The review documented a baton use of force and a carotid control hold use of force incident that occurred on November 13, 2018 involving Officer Colantuono and Officer Jimenez. I reviewed the associated police reports, event record, and evidence photographs. I also reviewed audio recordings of the 911 call into dispatch, the radio traffic, 911 call, and surveillance video from Panda Express and Sunbus #623. On November 13, 2018, Officer Jimenez and Officer Colantuono, who were both wearing police uniforms and driving marked police cars, were dispatched to 425 South Sunrise (Panda Express) regarding a male locked inside the restroom. The officers arrived, knocked on the restroom door, and a male exited the restroom. The male identified himself as Martin Martinez and said that he was homeless and was sleeping in the restroom to stay out of the cold. A computer check of the name Martin Martinez revealed no match. Officer Jimenez detained the male to investigate his true identity. During the detention, the male, later identified as Alan Quevedo, kept reaching into his pockets. Officer Jimenez told Quevedo several times not to reach into his pockets. Quevedo did not comply and continued to reach his hands inside his pockets. Since Quevedo had not yet been identified or searched, Officer Jimenez decided to conduct a pat down search for weapons. During the pat down search, Quevedo separated his hands, stepped backwards, and began pulling his hands away from Officer Jimenez. Officer Jimenez thought that Quevedo was going to try and flee, so he swept Quevedo's left leg causing him to fall backwards onto the ground onto his stomach. Officer Jimenez tried to gain control of Quevedo's upper body while Officer Colantuono tried to gain control of his lower body. Quevedo used his arms to push his body up off the ground. The officers attempted to grab onto Quevedo's arms, but Quevedo swung his arms and pulled them in toward his body. Quevedo was able to break free from the officers and run toward the south doors of the restaurant. Officer Colantuono ran after Quevedo and tackled him to the ground. Officer Jimenez told Quevedo to stop resisting and to stay on the ground. Quevedo did not comply and PSPD-008615 5/2/2019 Page 2 of 4 began violently resisting the officers by swinging his elbows from side to side striking Officer Colantuono in the face. Quevedo was now on top of Officer Colantuono in a position of advantage and free from his grasp. Due to Quevedo's violent resistance, Officer Jimenez struck him in the area of his left shin with his baton. The baton strike had no effect on Quevedo. Quevedo stood up and ran out the northeast doors of the restaurant toward Sunrise Way. Officer Colantuono was able to catch up with Quevedo and grab onto his legs. This caused Quevedo and Officer Colantuono to fall down into the roadway in the #2 southbound lane of South Sunrise Way. While Officer Colantuono controlled Quevedo's legs, Officer Jimenez yelled, "Stop resisting!" several times. Quevedo did not comply and continued to move his body side to side and push upward in an attempt to free himself. Based on his violent behavior, Officer Jimenez struck Quevedo on his left arm with his baton. The baton strike had no effect on Quevedo. Officer Jimenez tried to gain control of Quevedo's upper body by wrapping his left arm around Quevedo's neck and use his right arm to gain control of Quevedo's right arm. Quevedo moved his body side to side in an attempt to escape. With his left arm around Quevedo's neck, Officer Jimenez punched Quevedo in the face three times with his right fist in order to gain compliance. Officer Jimenez was able to pin his left arm down on the ground, but Quevedo continued to thrash his body in an attempt to escape. Based on Quevedo's violent resistance despite numerous use of force options deployed by the officers, Officer Jimenez decided to apply the carotid control hold. While on the ground, Officer Jimenez applied the carotid control hold rendering Quevedo unconscious and the officers were able to place him in handcuffs. Sergeant Hackbarth arrived on scene and was notified of the use of force. Officer Jimenez called for paramedics while keeping observation on Quevedo. Officer Jimenez saw that Quevedo was breathing and had a pulse but was not responding to the officers. AMR paramedics arrived on scene, were notified that the carotid control hold was used, and transported Quevedo to the Desert Regional Medical Center (DRMC) for medical treatment and an okay to book. The officers were later able to positively identify Quevedo through tattoos and a DMV photo. A computer check of Quevedo revealed that he had a no bail parole hold warrant per 3056 PC, a felony warrant for his arrest, and was on active parole for 69 PC. Officer Perez interviewed a witness who stated that Quevedo had locked himself inside the bathroom and refused to come out. When the police officers arrived, Quevedo exited the bathroom. While the officers were talking with Quevedo, he kept reaching his hands into his pockets. The officers repeatedly and "very nicely" told Quevedo to take his hands out of his pockets. Quevedo refused, so the officers turned 2 PSPD-008616 5/2/2019 Page 3 of 4 him around and searched him. During the search, Quevedo resisted, moved around, and tried to kick one of the officers. Quevedo fought with the officers, then tried to run away. The officers chased Quevedo and continued to fight with him outside. Quevedo suffered minor abrasions to the top of his left hand and chin, redness to his nose and the top of his right eyelid, swelling above his right eye, an approximately 1 inch abrasion under his left knee, an approximately 3 inch scratch below his left knee, and several small abrasions on his right knee, right hand, right wrist, and right elbow. Officer Colantuono suffered redness and swelling to his left knee, a small abrasion to his lower lip, and a bloody nose. Quevedo was arrested and charged with 69 PC, 148(a)(1) PC, and 3056 PC and transported to the Smith Correctional Facility in Banning. Upon reviewing surveillance video #1 from Panda Express, I could see Quevedo sitting in a chair with Officer Jimenez and Officer Colantuono standing next to him. As Quevedo reaches into his pockets with both hands, Officer Jimenez grabs his left arm, stands him up, and proceeds to conduct a pat down search. During the search, it appeared that Quevedo was moving his upper body and separating his hands which required Officer Jimenez to readjust his grip on Quevedo's hands. As Officer Jimenez moved to Quevedo's left side, Quevedo stepped backwards causing Officer Colantuono to step forward and grab Quevedo's right arm. Officer Jimenez sweeps Quevedo's left leg and he falls to the ground. At the bottom right of camera view, I can see one officer attempting to control Quevedo's legs. Quevedo is able to stand up, push away from the officers, and back out of camera view. The officers The three then step out of camera view. A few seconds later, I could see Quevedo run out the exit door followed by the officers. Upon reviewing surveillance video #2 from Panda Express, I could see a different camera angle than camera #1. As Officer Jimenez moves to Quevedo's left side during the search, Quevedo steps to the side around Officer Jimenez's left leg, then steps backwards. Officer Colantuono steps forward and Officer Jimenez takes Quevedo down to the ground. As both officers are on top of Quevedo, he is able to push his body upward and stand up. Officer Jimenez is holding on to Quevedo's right arm and Officer Colantuono is holding on to Quevedo's left arm. Quevedo is seen pushing and pulling his arms so the officers aren't able to gain control of him. Quevedo then spins his body away from the officers and runs to the left out of camera view. A few seconds later, Quevedo is seen running through the restaurant followed by Officer Colantuono and Officer Jimenez. Upon reviewing surveillance video from Sunbus #623, 1 could see the Sunbus driving southbound on S. Sunrise Way with a view out the front windshield. As the bus passes the apartment complex at 341 S. Sunrise, I can see the two officers struggling to 3 PSPD-008617 5/2/2019 Page 4of4 control Quevedo. Quevedo is on his hands and knees pushing upward with Officer Jimenez on Quevedo's back and Officer Colantuono on Quevedo's left side. Quevedo has his right hand on the sidewalk and his left hand on Officer Colantuono's left thigh. It appears that the officers are trying to control Quevedo's arms and push him face down to the ground while Quevedo is turning his body to his left to avoid being pushed face down. Officer Jimenez has one arm around Quevedo's neck and pushes him face down to the ground. Officer Colantuono grabs Quevedo's left arm and places his body on Quevedo's legs. The officers hold Quevedo down for several seconds as additional officers arrive and assist in placing Quevedo into handcuffs. I checked the Riverside County Superior Court website and found that the DA's office filed charges against Quevedo for 69 PC. Based on the totality of the circumstances, the suspect's failure to obey the officers' commands, the suspect physically assaulting the officers by striking Officer Colantuono in the face with his elbow, it is in my opinion that the force used during this incident was reasonably necessary and justified. I believe that Officer Jimenez was within department policy as stated in Use of Force sections 300.3, 300.3.1, 300.3.2, and 300.3.3, Baton Guidelines policy 308.5, and Use of Force/Carotid Control Hold section 300.3.4 of our department Lexipol manual. Respectfully Submitted, DiCLarson Erik Larson Lieutenant — Patrol Operations 0 PSPD-008618