21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 43 We attended one FRB during our November 2014 site visit. During the proceedings, the investigator attempted to provide justification for the officer’s use of force, witnesses were interviewed together and not separately, all uses of force during the incident were not addressed, an allegation of misconduct was mishandled, and that speculation by the investigator should not be used in the use of force investigation or presentation. Consequently, the FRB adequately addressed these issues with the investigator during the formal process and in the FRB report. We have observed that the FRBs are more routinely addressing deficient investigations conducted by investigators; however, the boards should continue to aggressively address the issue of investigators including justification for the involved officers’ actions as part of their presentations. OPD is in compliance with Task 26.2. Task 26.3 requires that all FRB determinations that a use of force is out of compliance with OPD policy be forwarded to the Internal Affairs Division for disposition (compliance standard: 95%). Of the two incidents that were heard by the board during this reporting period, neither was found out of compliance, requiring a referral to IAD. For the last four reporting periods, we have observed great improvement in the conduct of the boards, due in large part to the significant revisions of DGO K-4.1, Force Review Boards. This revised policy, issued on May 14, 2014, was distributed through PowerDMS; and OPD members received the required training. Accordingly, OPD is in compliance with this subtask. Task 26.4 requires that the FRB make recommendations to the Chief of Police regarding additional use of force training, changes in policies or tactics, additional standards, investigatory policies, or training for use of force investigations (compliance standard: Yes/No). During the current reporting period, the two FRBs identified training issues; and discussed improper tactics, use of force reporting, activation of the PDRD, and the need for corrective supervisory counseling. OPD is in compliance with this subtask. Task 26.5 requires that the FRB conduct an annual review of use of force cases examined to identify any patterns of use of force practices (including K-3) that may have policy or training implications (compliance standard: Yes/No); and Task 26.6 requires that the FRB issue an annual report to the Chief of Police reporting on its annual review (compliance standard: Yes/No). The FRB issued its most recent annual review on August 11, 2014 that summarized EFRBs and FRBs from 2013. In 2013, EFRB personnel heard eight use of force incidents: seven related to officer involved shootings and one vehicle pursuit-related death. Six of the eight incidents heard were deemed in compliance with policy. One lethal firearm discharge and a vehicle pursuit were deemed out of compliance with policy. FRB personnel heard 15 use of force incidents involving 37 use of force reports. The review identified several patterns and practices, including: officers are continuing to chase suspects who they believed to be armed with handguns into yards; and are striking resisting suspects to the head with either their fists and/or palm-hammer strikes; investigators are inappropriately providing justification for the involved officers’ uses of force in their reports and at the FRBs. In addition, the review found