HomeMy WebLinkAbout29_PSPD-008624 (Lt Memo)TO: Chief of Police Bryan Reyes (via Chain of Command)
FROM: Lieutenant Erik Larson
DATE: February 13, 2019
SUBJECT: RE: Administrative Review — Use of Force (carotid) 1901 P-2540
On February 8, 2019, 1 received an administrative review submitted by Sergeant
Torres via Blue Team documenting a use of force and carotid control hold use of force
incident that occurred on January 13, 2019 involving Officer S. Sandoval and Officer
Tiedeman. I reviewed the associated police reports, event record, and evidence
photographs. I also reviewed audio recordings of the radio traffic, 911 call, and an
interview of the suspect, Angel Beck.
On January 13, 2019, Officer Tiedeman and Officer S. Sandoval, who were both
wearing police uniforms and driving marked police cars, were dispatched to the area of
E. Vista Chino and Via Miraleste regarding a single vehicle traffic collision. When the
officers arrived, they found a white Toyota 4Runner stopped on the north sidewalk of
Vista Chino with a flat front passenger side tire. In the path of the Toyota were tire
tracks in the grass as well as damaged plants. Officers approached the vehicle and
found Angel Beck asleep in the driver's seat with the engine running. Officers opened
the driver's door and removed the keys from the ignition. The officers attempted to
wake Beck, but he was unresponsive. Officer Tiedeman could smell the odor of an
alcoholic beverage emitting from the vehicle and from Beck's body.
Officer Tiedeman performed a sternum rub on Beck's chest and identified himself
as a police officer. Beck woke up, pushed Officer Tiedeman's hands away, and spoke
incoherently. Officer Tiedeman noticed that Beck had thick, slurred speech, a strong
odor of an alcoholic beverage on his breath, and red, bloodshot eyes. Officer Tiedeman
again identified himself as a police officer and told Beck that he had been involved in a
traffic collision. Officer Tiedeman told Beck to exit the vehicle so he could conduct a
traffic collision investigation, but Beck refused.
Officer Tiedeman determined that Beck had been driving a motor vehicle and
exhibited symptoms of alcohol intoxication. Officer Tiedeman again told Beck to exit the
vehicle. Beck did not comply and, instead, pushed Officer Tiedeman on his chest.
Officer Tiedeman gained control of Beck's left arm and guided him out of the driver's
seat. Officer Tiedeman told Beck to sit down on the ground, but Beck refused. Instead,
Beck grabbed a hold of Officer Tiedeman's duty belt. Fearing that Beck was trying to
retrieve Officer Tiedeman's pistol from its holster, Officer Tiedeman and Officer S.
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Sandoval pushed Beck down to the ground. Officer Tiedeman was able to handcuff
Beck's right wrist. Beck resisted arrest by kicking his feet and pushing upward with his
left arm so the officers were unable to handcuff his left wrist.
Beck then pulled his right arm, which was handcuffed, away from Officer
Tiedeman and concealed it underneath his body. When the officers attempted to gain
control of Beck's arms, Beck lifted his leg and struck Officer S. Sandoval in the face with
his knee. Officer S. Sandoval punched Beck three times on the left side of his torso in
order to distract him and gain compliance. The strikes were ineffective and Beck was
able to keep both his hands concealed underneath his body near his waistband.
At this point, Beck had battered both officers, was physically resisting arrest, and
the officers verbal commands and attempts to physically restrain Beck were ineffective.
Beck also had not been searched and it was unknown if he was in possession of any
weapons. The officers yelled at Beck to stop resisting and continued to try and gain
control of Beck's arms, but Beck held them underneath his body near his waistband,
which is a common place for people to conceal weapons. Officer Tiedeman decided to
apply the carotid control hold. While down on the ground, Officer Tiedeman place the
carotid control hold on Beck rendering him unconscious. Officer Tiedeman handcuffed
Beck and called for medical aid as well as a supervisor.
As soon as Beck regained consciousness, he began to resist again by attempting
to stand up. Officer S. Sandoval held Beck's upper body down on the ground and
Officer Tiedeman placed Beck's legs in a figure four leg lock to keep him from kicking.
The reporting party, Rogelio Hernandez, assisted the officers by holding on to Beck's
legs. Additional officers and Sergeant Torres arrived. Beck calmed down and decided
to comply. Beck was evaluated at the scene by PSFD personnel and AMR paramedics
and transported to the Desert Regional Medical Center (DRMC) by AMR for evaluation
and an okay to book. Sergeant Torres was notified of the use of force at the scene.
Officer Tiedeman continued his investigation and determined that Beck was
intoxicated and started driving from Zelda's Nightculb back to Twentynine Palms.
Officer Tiedeman arrested Beck for 23152(a,b) VC as well as 69 PC. During a breath
test, Beck's BAC was determined to be 0.24% and 0.23%. Beck suffered minor
abrasions to his left ring finger, right elbow, left elbow, and the right side of face
underneath his ear. Beck also suffered a small laceration on the right side of his face
near his mouth, redness on the left side of his face and neck, and small scratches on
the right side of his neck. Officer S. Sandoval suffered a minor abrasion to the right side
of her face at the jaw line.
Sergeant Torres interviewed Beck at DRMC. During the interview, Beck said that
he did not remember being involved in the traffic collision nor physically assaulting the
officers. Beck admitted to drinking alcohol at Zelda's but did not know how many. Beck
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said that officers were professional and "great" and rated their service on a scale of 1 to
10asa"10".
Officer S. Sandoval interviewed the reporting party, who
reported the traffic collision and witnessed the entire use of force incident. —
said he saw the Toyota up on the sidewalk, so he stopped to check on the occupants
and called the police. said when the officers arrived, the driver (Beck) did
not obey the officers' commands to exit the vehicle. — said during the officers'
struggle with Beck, he assisted the officers and held Beck's legs down. —
said, "You guys did your job, you know. I'm proud."
Based on the totality of the circumstances, the suspect's failure to obey the
officers' commands, the suspect grabbing a hold of the officer's duty belt, the suspect
concealing his hands underneath his body near his waistband, and the suspect
physically assaulting the officers by pushing an officer and striking another officer in the
face with his knee, it is in my opinion that the force used during this incident was
reasonably necessary and justified. I believe that Officer S. Sandoval was within
department policy as stated in Use of Force sections 300.3, 300.3.1, 300.3.2, and
300.3.3. 1 also believe Officer Tiedeman was within department policy as stated in Use
of Force/Carotid Control Hold section 300.3.4.
I emailed a copy of this administrative review to the Palm Springs City Attorney,
Edward Kotkin.
Respectfully Submitted,
DiCLarson
Erik Larson
Lieutenant — Patrol Operations
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