HomeMy WebLinkAbout1812P-0777 UOF Memorandum_RedactedMEMORANDUM
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) 1812P-0777
On April 27, 2019, 1 reviewed an administrative review submitted by Sergeant
Hackbarth via Blue Team. The review documented a use of force and a carotid control
hold use of force incident that occurred on December 4, 2018 involving Officer Lopez
and Officer Christiansen. I reviewed the associated police reports, event record, and
evidence photographs. I also reviewed audio recordings of the 911 calls into dispatch,
the radio traffic, and an interview of the victim.
On December 4, 2018, Officer Lopez and Officer Enriquez, who w
wearin olice uniforms and driving marked police cars, were dispatched to
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egarding a domestic disturbance. As Officer Lopez and Officer Enriquez
were en route to the location, dispatch advised over the radio that the suspect possibly
suffered from mental health issues and was outside trying to break down the front door.
Additional officers heard this radio traffic and responded. Dispatch then advised that
the suspect kicked in a door to another apartment.
Officer Lopez arrived and began walking toward apartment_ Officer Lopez
heard the sounds of someone screaming and started running in the direction. When
Officer Lopez reached apartment =, he saw that the front door had been forced
open and there was damage to the dead bolt and doorjamb. Officer Lopez entered the
apartment and found the suspect, Wess Baraquia, standing in the living room
screaming. Officer Lopez told Baraquia to step outside. Baraquia yelled, "Fucking kill
me! Shoot me!" Baraquia then ran at Officer Lopez, grabbed him by the front of his
patrol vest, and pushed him back. Officer Lopez yelled at Baraquia to let go of him, but
Baraquia did not comply. Instead, Baraquia continued to try and push Officer Lopez
backwards. Officer Lopez used his right foot to sweep Baraquia's left leg and pushed
Baraquia down to the ground.
Baraquia landed on the ground face down and Officer Lopez was on top of him.
Officer Lopez told Baraquia to put his hands behind his back, but Baraquia did not
comply. Instead, Baraquia screamed, flailed his arms so Officer Lopez could not control
him, and tucked his arms underneath his body at his waistband. Based on Officer
Lopez's training and experience, he had knowledge that the waistband is commonly
used to conceal weapons. Officer Lopez again told Baraquia to put his hands behind
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his back. Baraquia did not comply and, instead, turned over onto his back. Baraquia
swung his left arm at Officer Lopez striking him in the ribs with his elbow three times.
As he struck Officer Lopez, Baraquia bucked his body in an attempt to free himself from
Officer Lopez's body weight.
Because Baraquia was physically resisting arrest and had struck Officer Lopez
several times, Officer Lopez punched Baraquia in the face and told him to stop resisting.
Baraquia swung his arms toward Officer Lopez and struck him on his body with his
elbows and hands. Officer Lopez punched Baraquia in the face approximately 10 times
and continuously told him to stop resisting. Baraquia continued to assault Officer Lopez
by striking Officer Lopez's body with his hands and elbows.
Officer Lopez put his arm around Baraquia's neck and held him as Officer
Enriquez arrived and put her body weight on top of Baraquia. Officer Enriquez yelled at
Baraquia to stop resisting and attempted to gain control of Baraquia's left arm. As
Officer Enriquez attempted to handcuff Baraquia, he pulled his left arm out of her grasp.
Officer Christiansen arrived and was unable to locate Officer Lopez and Officer
Enriquez inside the complex. Officer Christiansen heard Officer Enriquez yelling, "Stop
resisting!", and ran toward the sound of her voice. Officer Christiansen entered
apartment and saw the officers involved in a violent struggle with Baraquia.
Based on Baraquia's violent resistance, Officer Christiansen decided to apply the
carotid control hold. Officer Christiansen applied the carotid control hold rendering
Baraquia 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 checked Baraquia's vitals while Officer Christiansen called for
paramedics. Officer Jimenez saw that Baraquia was breathing and had a pulse. AMR
paramedics arrived on scene, were notified that the carotid control hold was used, and
transported Baraquia to the Desert Regional Medical Center (DRMC) for medical
treatment and an okay to book.
As a result of the investigation, Officer Jimenez determined that Baraquia had
pushed his wife causing her to fall down to the ground in violation of 243(e)(1) PC and
in violation of a no negative contact domestic violence restraining order. Baraquia then
left the apartment and forced his way into apartment #225 when Officer Lopez arrived.
Baraquia suffered lacerations and swelling to the bridge of his nose, right side of
his face, and above his left eye as well as redness to his neck. Officer Lopez suffered a
complaint of pain to his right hand and right knee. Officer Enriquez suffered a complaint
of pain to her left index finger.
Baraquia was arrested and charged with 69 PC, 273.6 PC, 243(e)(1) PC, and
594(a)(2) PC and transported to the Smith Correctional Facility in Banning. I checked
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the Riverside County Superior Court website and found that the DA's office filed
charges against Baraquia for 69 PC, 243(e)(1) PC, 166(c) PC, and 594(a) PC.
Based on the totality of the circumstances, the suspect's failure to obey the
officers' commands, and the suspect physically assaulting the officers by striking Officer
Lopez in the torso with his elbows, it is in my opinion that the force used during this
incident was reasonably necessary and justified. I believe that Officer Lopez was within
department policy as stated in Use of Force sections 300.3, 300.3.1, 300.3.2, and
300.3.3 and Officer Christiansen was within policy as stated in Use of Force/Carotid
Control Hold section 300.3.4 of our department Lexipol manual.
Respectfully Submitted,
ErikLarson
Erik Larson
Lieutenant — Patrol Operations
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