Welcome Podcast Message
Chief's News Conference - November 14, 2024
Los Angeles: Following
is a synopsis of Chief Bratton's comments given at today's news
conference regarding recent arrests by LAPD that were video-taped and
shown on local and national television stations:
Media and public attention have been focused on two separate arrests
and non-categorical uses of force (UOF) by Los Angeles Police officers, both
of which had portions of the arrest process video-taped by non-involved
members of the public.
The first incident, occurring in our Hollywood Division on August 11,
2006, involved the arrest of William Cardenas, by two Los Angeles
Police officers. Cardenas is currently being held in jail awaiting
trial on charges of resisting arrest and gang enhancement.
Video-taped portions of that arrest have been repeatedly played on
various media outlets. The Department's Force Investigation Division
is in the early stages of criminal and administrative investigations of
that arrest and UOF. These investigations are being monitored by the
Inspector General and by the Federal Consent Decree Monitor.
We will also cooperate with our colleagues in the Federal Bureau of Investigation (FBI). As is their
practice in high-profile use of force cases, they have opened a case
folder for this incident.
The second incident, which was reported in the media today, involved
the arrest of Mr. Benjamin Barker on February 8, 2005, on Venice Beach
in our Pacific Division. He was initially charged with Battery on a
Police Officer, Resisting Arrest, Disturbing the Peace, Vandalism and Interfering with a Lawful Business.
Both the Inspector General and the Federal Monitor have been monitoring
the Venice Beach incident since August 2005, when the Federal Monitor
was presented a copy of a video-tape that was taken at the time of the
incident by a non-involved bystander. I was first made aware of the
video and the incident at that time and ordered the Department's
Professional Standards Bureau to initiate a dual
administrative/criminal investigation of that incident. Both the
administrative and criminal investigations have been completed. The Los
Angeles District Attorney declined to file any criminal charges against
the officers involved in Barker's arrest.
The entire District Attorney's review has been provided to the media.
Let me read just a portion of the District Attorney's conclusion:
Examination of the video-tape clearly
shows that Officers David Guiterman, Victor Eguez, and Peggy Thusing
did not use excessive force upon Benjamin Barker, nor did they assault
him under color of authority. The officers showed remarkable restraint
and demonstrated professional courtesy toward Barker despite his
belligerent, threatening, and combative behavior. Barker's words and
actions were resistive and obstructive. He kicked at Officer Thusing,
lunged toward Sergeant Burrus, and battered Officer Guiterman by
spitting on him. Barker spat inside the police car and then vandalized
it during transportation to jail. The officers used that degree of
force necessary to restrain Barker and maintain custody of him.
In addition, we find that Sergeant
Burrus' and Officer Guiterman's initial report of Benjamin Barker's
position when the OC spray was administered was a product of mistaken
recollection and not intentional misstatements of material fact.
I am currently reviewing the administrative investigation prior to a
formal determination being made. The video-tape of the Venice Beach
incident has not been made public but has been shown to selective
members of the media by the defense attorney representing Mr. Barker.
As Chief of the Police for the Los Angeles Police Department, I am
committed to conducting the Department's duties in a transparent manner
at all times. I am limited to what I can say because of prevailing
federal and state laws, guidelines, and the advice I am given by our
City Attorney so as to safeguard the legal and constitutional rights of
both the public and our Department personnel.
In addition, while conducting my investigations, I must also adhere to
other rulings, unlike the media, the public and advocates who are not
precluded from rendering judgments or basing decisions on excerpts or
personal opinions.
Policing sometimes requires that force be used, but let's put it into
perspective. In Graham v. Conner (1989) the Courts have said, when
police use force, the force must be objectively reasonable, with
respect to the facts and circumstances the officer is facing, and
without 20/20 hindsight.
The reasonableness of UOF must be judged from the perspective
of a reasonable officer at the scene and its calculus must embody an
allowance for the fact that police officers are often forced to make
split second decisions about the amount of force necessary in a
particular situation.
Also, what must be considered are the severity of the crime, the
immediacy of the threat to the safety of the officers or others,
whether the suspect is resisting arrest, or attempting to evade arrest
by running away.
I reference these decisions and some of their language to reinforce
that I cannot make snap judgments based solely on videos or portions of
videos. I must engage in a comprehensive and usually frustratingly
long, multiple investigative process that is strictly governed by the
laws I have referenced; and in the case of the LAPD, by the Federal
Consent Decree.
There is no government agency in America that has more policies,
procedures, guidelines, and independent oversight with respect to use
of force than the LAPD. Our investigative process with all its
limitations has been shaped by events and mistakes of the past and
corrected to shape the actions of the present and future.
LAPD policy does permit officers to use less than lethal tools to help
them control an uncooperative or aggressive and/or combative suspect.
Officers are trained to gain initial control of a suspect through
advice, warning, or persuasion. Sometimes the use of physical force is
necessary.
Pepper Spray can be used to overcome and control a suspect's
uncooperative actions when verbalization is unsuccessful and the
officer reasonably believes, and can articulate why, approaching the
suspect would escalate the incident to a higher level of force or
result in injury to the officers or the suspect. The primary
objective of the application of force is to gain control of a suspect
through the use of reasonable force.
While police officers are authorized to use force to "overcome"
resistance, the reality is that LAPD officers show great restraint.
Each year, officers of this Department have over a million contacts. In
2005, we made nearly 160,000 arrests, yet the number of categorical and
non-categorical uses of force have been declining.
We are a Department that is committed to going where the truth takes
us, no matter how painful or disturbing that truth might be. I would
support and encourage that the public and media be vigilant but also be
mindful that we cannot rush to judgment. I will not, as you should not.
Questions may be directed to Media Relations Section at 213-485-3586.
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