issue #73 january www. portlandcopwatch. New Chief Outlaw’s first org 2018 months in office—p. 8 PORTLAND POLICE SHOOT THIRD YOUNG IMMIGRATION: Sheriff Clears BLACK MAN IN 2017; LATE AUGUST Self of Wrongdoing, Portland SHOOTING MAKES SIX TOTAL INCIDENTS Police Put Hoods on Protestors Details Emerge on Investigation of Chief O’Dea; ome major stories surrounding the federal PPB Also Shoots/Wounds Dog Immigration and Customs Enforcement agency (ICE) Shave popped up in the last few months, involving the hile the US Department of Justice has emphasized de-escalation Portland Police Bureau (PPB), the Multnomah County over use of force, the Portland Police Bureau (PPB) has now been Sheriff’s Office (MCSO), and ICE itself. Winvolved in six shooting incidents in 2017, three times as many as On October 11, people protesting the detainment and 2016— but equal to 2015 and 2012. With the wounding of Chase deportation of immigrants linked arms and blocked the Arnae Peeples, 25, on October 25, driveway for several hours at the Immigration and Customs the PPB shot three young African Enforcement (ICE) offices in Portland. Several protestors American men in a year, the other with the group End Deportations Now Collaboration used two of whom died. None were armed “sleeping dragons,” a combination of different materials to with firearms. On August 30, shortly lock arms together, which can make them extremely difficult after our last issue went to press, the Oregonian, October 27 and time consuming to remove. The PPB placed hoods PPB also shot and over the activists’ heads, reminiscent of Abu Ghraib prisoners wounded Jesse Lee who were tortured while wearing similar looking hoods. Brockner, 31. It’s August 31 ANOTHER This move shows either a severe lack of awareness significant that the Oregonian, PERVO-COP of how their actions look to the public— or an Bureau did not release February 20 On December 14, Officer Christian Berge pleaded guilty acute one. Granted, the police told the protestors Peeples’ name for six to on-duty sexual misconduct they planned to use the hoods as protection from days after the incident. and agreed to give up his flying debris generated by power tools removing Claiming it was to certification (Oregonian, December 15). the sleeping dragons. But power tools were not maintain integrity of the investigation, it does not reflect used, and the hooding well on new Chief Danielle Outlaw that such lack of transparency has exercise was a huge little precedence in recent Portland history. Meanwhile, the police shot publicity bungle for the and wounded a pit bull on November 4, marking at least 22 dogs shot police and a bump for the (and 18 killed) plus one Taser death in 18 incidents over the 25+ years activists whose hooded Police Review Boards Portland Copwatch has tracked them. In photographs were made (PRBs) have been held for November, the “Independent” Police Review famous in multiple national the year’s first two shootings, (IPR) released its files on the off-duty of Quanice Hayes and Don news sources. The cops Mercury Blog, October 12 Perkins (per the IPR Director shooting by former Chief Larry O’Dea (PPR helped them achieve their and PRB’s November #69), bringing to light a few new details and goal of bringing attention to ICE abuses, police brutality, reports— p. 7). the outcome of associated investigations. and the legal and civil rights struggles of immigrants. Chase Peeples: Search Warrant Procured for Around the same time, findings were released about three Backpack Search of Unarmed Suspect MCSO deputies who were charged with violating county The Oregonian reported on October 31 that Peeples, of Tacoma, and state policy in the fall of 2016 through January 2017. was the suspect in a bank robbery in North Portland (continued on p. 6) The review was started in February after (continued on p. 10) PPB DROPS “GANG LIST” WHILE PROFILING DATA REMAINS SKEWED State Lawyer Settles “Black Lives Matter” Spy Case; Various African American Officials Under Scrutiny hile at the federal level, the FBI has been targeting Black Lives Matter (BLM) activists as “extremists” (p. 8), locally, Erious Johnson, the African American former Oregon Department of Justice lawyer Sept.13 Wspied on for his social media support of the BLM movement (PPR #67), has settled with the state. Meanwhile, the Portland Police Bureau (PPB) took what seems to be a step in the right direction by announcing in early September they would get rid of their secret list of “gang members.” Since the change didn’t take place until October, it is too soon to tell if the third quarter Racial Profiling data from the City, which show no real change in the over-representation of African Americans in traffic and • Review Committee proposes 2 sustained findings...2 inside pedestrian stops, is reflective of this • Training Council skirts around Force data...5 • Corporations prompt Mayor to expand Sit/Lie..7 changes on the street as a result of issue • ACLU sues PPB over crowd tactics...........9 the new policy. (continued on p. 9) PEOPLE’S POLICE REPORT #73 JANUARY 2018 Committee Challenges Domestic Violence and Videographer Incidents, Leaves Protest Force Findings Intact Review Board Staff Messes Up Third Hearing in 18 Months, Two New Members Solidify Lack of Age Diversity he Citizen Review Committee (CRC) held hearings on three cases from September to December. They likely could have heard a fourth case except the “Independent” Police Review (IPR), which intakes complaintsT and houses CRC, caused a hearing to be delayed by administrative mishap for the third time in a year and a half. The Committee challenged two findings among the three cases— to find an officer at a domestic violence scene acted unprofessionally and another wrongly threatened to arrest a videographer— but made no changes in a case involving force used at a protest. CRC’s mostly mothballed Work Groups got a slight but rocky revival as the Crowd Control Work Group consisting of one CRC member met in September, the Policy Work Group met briefly in December, and the Use of Deadly Force Work Group tried to exclude the public from its November meeting, but reversed the decision on site. And, with the appointment of two more members who are under the age of 40 and the third resignation of the year, the 10-person group now only has one member who is over 43. Case #2017-X-0006: “He Was a Bit Unprofessional”— Officer Laughs During Domestic Assault Investigation At their October meeting, CRC heard Case #2017-x-0006, the appeal of a domestic violence survivor who says an officer was unprofessional and failed to make an arrest after her husband assaulted her. The Bureau found both allegations “Not Sustained” (insufficient evidence) with a debriefing on the failure to make an arrest. Lt. Jason Pearce, the officer’s supervisor, implied that because no visible bruises proved the woman’s claim her husband had picked her up by the neck and thrown her down, but there were scratches on the man’s neck, the officer could be debriefed for failing to arrest the Appellant. The way in which the Lieutenant dismissed a lot of the concerns only added to the fact that after the Appellant called 911 twice, both officers responding to the scene were men. From context, it appears they were regular patrol officers and not Domestic Violence specialists. The accusation of rude behavior asserts the officer asked the Appellant what she did to provoke the violence, told the second officer the call amounted to “just some drama,” and laughed with the husband during the investigation. Moreover, the landlady, who arrived after the officers, asked if she could get the husband’s name taken off the lease. She claims rather than saying “no, it’s a civil matter,” Officer A laughed and said “that’s not going to happen.” The landlady told investigators the officer was “a bit unprofessional,” with the qualifying “a bit” leading to the decision the officer may or may not have been out of policy. Pearce stated they can’t tell officers not to engage in levity, or else they should just not talk to anyone. (Chief Marshman put forward a similar all-or-nothing theory at a hearing in 2016— PPR #70.) The fact that the supervisor did not recognize joking was not appropriate in this situation where a woman was fearing for her safety shows PPB training on gender equity is still much needed. Side note: Officers did not follow up with the Appellant to see how she was doing or if bruises appeared a few days later, citing a “lack of resources.” Oddly, the Lieutenant, IPR staff and Internal Affairs all could not tell CRC whether a supplemental report, which was likely required by the Bureau’s policies, had been written. Pearce said he remembered reading one but didn’t have it in his file that night. After much discussion, CRC voted 4-2 to affirm the “Not Sustained with a debriefing” finding for the failure to arrest allegation, with Roberto Rivera and new member Candice Avalos voting no. Kiosha Ford abstained citing her discomfort with the missing report, even though the City Attorney advised abstentions should only happen if there is a conflict of interest. CRC voted 6-1 to Sustain the allegation of unprofessional behavior, with a “no” vote from Chair Kristin Malone, saying under CRC’s restrictive “reasonable person standard” it was reasonable for Pearce to make his finding. The Chief could agree or push back against CRC. Case # 2017-x-0005: Violent Push-out at City Hall: “I’m Really Proud of My Officers for Their Restraint” After spending many hours reading the case file and reviewing videos, CRC was notified in September that their materials— and the file sent to the supervisor reviewing the complaint in case #2017-x-0005— were missing a video that was part of the investigation.