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HomeMy WebLinkAbout(Reviewed & Redacted) Lt. memo MEMORANDUM PALM SPRINGS POLICE DEPARTMENT TO: Chief of Police Bryan Reyes (via Chain of Command) FROM: Lieutenant Erik Larson DATE: May 19, 2019 SUBJECT: Administrative Review – Use of Force (carotid) 1905P-1028 On May 18, 2019, I reviewed an administrative review submitted by Sergeant Litch via Blue Team. The review documented a carotid control hold use of force incident that occurred on May 5, 2019 involving Officer Colantuono. I reviewed the associated police reports, event record, and photographs associated with the incident. I also reviewed audio recordings of the radio traffic, 911 call, and interview of the suspect, Mario Rodriguez. On May 5, 2019, Officer Colantuono was dispatched to Hotel Zozo, located at 150 S. Indian Canyon Drive, regarding a keep the peace. The reporting party told dispatch that a hotel guest, Mario Rodriguez, was not complying with hotel policy and requested that officers respond to keep the peace while security escorted Rogriguez off the property. Officer Colantuono arrived and contacted security at the lobby. Officer Colantuono learned that another hotel guest, , was the victim of a sexual battery. Officer Colantuono contacted out at the pool and learned that Rodriguez had touched her buttocks against her will in violation of 243.4 (e)(1) PC. While Officer Colantuono was interviewing , Rodriguez walked up to them. Rodriguez, who stood about 5’10” and weighed approximately 260 pound s, stood within a few feet from Officer Colantuono with his arms crossed. Since Rodriguez was a suspect, Officer Colantuono stopped interviewing and told Rodriguez to walk away and that he would talk to him when he was done speaking with . Rodriguez did not walk away and said, “I have the right to hear what she said.” Officer Colantuono again told Rodriguez to walk away. Rodriguez continued to stand a few feet away and said, “I have the right to hear what she said.” Officer Colantuono told Rodriguez a third time to walk away. Rodriguez did not walk away and remained standing within a few feet with his arms crossed. Rodriguez was now obstructing Officer Colantuono’s investigation in violation of 148(a)(1) PC. Officer Colantuono stepped toward Rodriguez, grabbed his right arm, and attempted to bring his arm behind his back to handcuff him. Rodriguez stiffened his arm and clenched his hands into fists. Officer Colantuono told Rodriguez to stop resisting and to put his hands behind his back. Rodriguez said, “Okay, I’m going to give it to you.” Rodriguez, however, did not comply and pulled h is arm out of Officer 2/24/2020 Page 2 of 3 2 Colantuono’s grasp. As Officer Colantuono grabbed Rodriguez’s right arm again, Rodriguez walked toward a metal railing pulling Officer Colantuono with him. The security officer saw Rodriguez resisting, so he grabbed Rodriguez’s left arm. Officer Colantuono and the security guard tried to pull Rodriguez’s arms behind his back, but Rodriguez resisted by pulling his arms away from them and swinging his elbows. Officer Colantuono tried to take Rodriguez to the ground, but Rodriguez was able to maintain his balance and hold onto the metal railing. Officer S. Sandoval arrived and grabbed a hold of Rodriguez’s left arm. Rodriguez was able to pull his arm out of Officer S. Sandoval’s grasp and continue to hold on to the metal railing. Officer Colantuono again told Rodriguez to stop resisting and to put his hands behind his back. Rodriguez did not comply and continued to physically resist arrest by pulling away from the officers and holding on to the metal railing. Officer Colantuono stood at approximately 5’6” and weighed approximately 170 pounds. Officer S. Sandoval stood at approximately 5’1” and weighed approximately 165 pounds. Rodriguez was substantially larger than the officers, standing at approximately 5’10” and weighing approximately 260 pounds. The officers had been struggling with Rodriguez for approximately one and a half minutes and were not making any progress. Not only was Rodriguez larger than the officers, his skin was sweaty, covered in sunscreen, and very slippery. Officer Colantuono decided to use another force option. Based on the crowded pool area where the altercation was taking place and the fact that Officer Colantuono was already holding on to Rodriguez, Officer Colantuono decided to apply the carotid control hold. Officer Colantuono jumped onto Rodriguez’s back, put his right arm around Rodriguez’s neck, and began to apply the hold. Officer Colantuono felt Rodriguez loosen his grip on the metal railing and lose consciousness. Officer Colantuono guided Rodriguez to the ground and handcuffed him. Officer Colantuono rolled Rodriguez onto his left side and Officer S. Sandoval evaluated him. Officer S. Sandoval saw that Rodriguez was breathing and within a few seconds, he regained consciousness. PSFD and AMR Paramedics responded to the scene to evaluate Rodriguez. Sergeant Raso responded to the scene and was informed of the use of the carotid control hold. Rodriguez was transported to Desert Regional Medical Center (DRMC) for an okay to book. Rodriguez suffered a minor laceration to his tongue, approximately 2 inch laceration to his right forearm, and minor abrasions to his left shin and above his left eye. None of the officers sustained injuries. Sergeant Raso interviewed Rodriguez prior to being transported to DRMC. During the interview, Rodriguez said that he knew the officers were police officers and that even after the officer told him two or three times to walk away, he did not comply because he wanted to make sure was telling the officer the truth. Rodriguez admitted to drinking five shots of tequila earlier in the day. Rodriguez said that he did 2/24/2020 Page 3 of 3 3 not fight the officer, he was just “holding on” because he thought the officer was too aggressive. Rodriguez was arrested and charged with 69 PC and 243.4(e) PC and transported to the Smith Correctional Facility in Banning. Based on the totality of the circumstances and the suspect physically resisting arrest, it is in my opinion that the force used during this incident was reasonable and justified. I believe that Officer Colantuono was within department policy as stated in Use of Force/Carotid Control Hold section 300.3.4 of our department Lexipol manual. Respectfully Submitted, Erik Larson Erik Larson Lieutenant – Patrol Operations