LAS CRUCES POLICE DEPARTMENT

LAS CRUCES POLICE DEPARTMENT PROFESSIONAL STANDARDS UNIT ANNUAL REPORT JAIME R. MONTOYA CHIEF OF POLICE Page

CONTENTS ORGANIZATIONAL CHART...3 DEFINITIONS.. COMPLAINTS. COMPLAINT ANALYSIS..9 USE OF FORCE INCIDENTS... USE OF FORCE ANALYSIS.7 VEHICLE CRASHES.9 VEHICLE CRASH ANALYSIS. VEHICLE PURSUITS...3 VEHICLE PURSUIT ANALYSIS... TORT CLAIMS 9 TORT CLAIM ANALYSIS.3 3 YEAR COMPARISON OF ALL TRACKED AREAS....3 Page

LAS CRUCES POLICE DEPARTMENT ORGANIZATIONAL CHART CHIEF OF POLICE PIO PSU TRAINING & RECRUITING RESEARCH & DEVELOPMENT DEPUTY CHIEF OPERATIONS DEPUTY CHIEF ADMINISTRATION SWAT PAYROLL/ BUDGET UNIT BUILDING & FLEET MAINT. EAST AREA COMMAND WEST AREA COMMAND SPECIAL SERVICES TRAFFIC SECTION ENVIRON. ENFORCE- MENT CIS METRO ADMIN SERVICES PATROL SERVICES PATROL SERVICES K-9 MOTORS CODES DETECTIVES POLICE SERVICE SPECIALIST TRANSPORT SRO GANG HIT & RUN ACO WARRANTS RECORDS NCIC TNT N.E.T. KEEP L.C. BEAUTIFUL VICTIM S ASSISTANCE TRAN- SCRIPTION DWI SEIZURE EVIDENCE CROSSING GUARDS ID CRIME ANALYST Page 3

DEFINITIONS GENERAL DEFINITIONS Forced Stabilization: Generally, this is the cuffing position after an officer has taken the person to the ground. The officer is kneeling on the subject s upper-middle back with one knee and on the subject s lower-middle back with the other knee. It has also been used to describe placing a subject up against any object, to stabilize that subject for cuffing. There are many other forms of forced stabilization covered in the Defensive Tactics classes officers are trained in. Pursuit Intervention Technique (PIT) - An application of force technique whereby a police officer intentionally uses his or her emergency police vehicle to push the fleeing vehicle at an angle from the rear, which causes the pursued vehicle to spin in as controlled a manner as possible, so that the pursuit is ended. Preliminary Inquiry: A review of all facts and evidence but ends short of requiring any accused officer(s) to give statements about the complaint. Use of Force: The amount of effort required to compel compliance by an unwilling subject resulting in a potential for injury, excluding compliance holds that require no more than a firm grip. The officer must then enter that use of force incident into the LCPD tracking software called Blue Team. Non-Compliant Handcuffing: This occurs when the subject is not following verbal commands and is actively resisiting officers attempting to handcuff the subject. TYPES OF COMPLAINTS EI-C: Formal investigation which is generated when a subject makes an allegation of misconduct of a serious or non-serious nature, or non-performance of duty, against an employee. EI-C: Allegation of a non-serious nature and the subject elects not to pursue a formal investigation. The subject may request notification be made to the supervisor for informational purposes only. EI-C3: Allegation of a non-serious nature where the subject is unable to articulate a bona fide complaint. This category is used for concerns regarding police conduct that do not rise to the level of a Formal External Investigation due to a lack of valid facts or no apparent General Order violations. This classification includes preliminary inquiries: a review of all facts and evidence is conducted but ends short of requiring the accused officer(s) to give statements about the complaint. II: Internally Initiated - Formal internal investigation initiated due to allegations of misconduct and/or policy violation(s) on duty or off duty. Formal Complaints: EI-C s, EI-C3 s and II s are considered formal complaints. Formal Investigations: EI-C s, and II s are considered formal investigations. Page

FINDINGS FOR COMPLAINTS Exonerated: Employee s conduct was lawful, justified and proper. Not Sustained: Insufficient evidence exists to clearly prove or disprove allegation. Sustained: The conduct alleged apparently occurred and amounts to a violation of General Orders or other city policy or procedure. Sustained Other: The employee was determined to have committed a violation other than what was originally alleged. Unfounded: The alleged act apparently did not occur. Officed Investigation: The complainant failed to cooperate with the investigation and there is not enough evidence available to draw a fair conclusion and apply a finding. COMPLAINTS COMPLAINT TYPE COMPARISON * 7 77 77 6 6 9 7 7 External Complaints EI-C External Complaints EI-C 3 External Complaints EI-C3 7 3 Internal Complaints II Total Complaints 3 *Total was entered inaccurately in 3 Annual Report* Page

6 FORMAL INVESTIGATIONS QUARTERLY - 6 Jan/Mar Apr/Jun Jul/Sep Oct/Dec Total 9 9 3 External (EI-C) Internal (II) EXTERNAL COMPLAINTS BY DIVISION (C) 6 9 Administrative Division Operations Division 3 Page 6

6 6 INTERNAL COMPLAINTS BY DIVISION (II) Administrative Division (II) Operations Division (II) 9 9 3 QUARTERLY DISPOSITIONS External Investigations - 3 Exonerated Sustained Unfounded Jan/Mar Apr/Jun Jul/Sep Oct/Dec Page 7

3 QUARTERLY DISPOSITIONS Internal Investigations (II) - 3 Exonerated Sustained Under Investigation Pending Investigation Jan/Mar Apr/Jun Jul/Sep Oct/Dec 9 7 6 3 CLASSIFICATION OF COMPLAINTS External Investigations - Code of Conduct Domestic Family Disturbance Page

CLASSIFICATION OF COMPLAINTS Internal Investigations - 6 6 7 Code of Conduct Use of Force Firearms Pursuits COMPLAINT ANALYSIS The Las Cruces Police Department (LCPD) Professional Standards Unit (PSU) is fully staffed and comprised of one lieutenant, one sergeant, and two detectives. The LCPD PSU received total complaints (EI-C s, EI-C s, EI-C3 s, and II s) in, in 3 and 77 in. There was a.% decrease in total complaints from to 3. There was a 3.3% decrease in total complaints from 3 to. There was an overall decrease from to of 9.% over the three years. The LCPD PSU conducted a total of thirty-two formal investigations (EI-C s and II s) in. Nine of those formal investigations were initiated from external sources or the general public (EI-C s) and twenty-three formal investigations were initiated from within the Police Department or internal sources (II s). Chief Montoya or his designee must always order a formal investigation. The dispositions of the nine External Investigations are as follows: -Exonerated, 6-Sustained, -Unfounded. The dispositions of the twenty-three Internal Investigations are as follows: -Exonerated, -Sustained, -open investigation and six pending investigation. The six pending investigations are related to an officer discharging their firearm during the course of their duties. Fifteen (7%) of the formal investigations were for allegations of misconduct under the Code of Conduct General Order. A sustained finding was determined for of the Code of Conduct allegations. Fourteen (%) of the formal investigation were allegations of misconduct under the Use of Force General Order. A sustained finding was determined for three of the Use of Force allegations, an exonerated finding was determined for five of the allegations, is under investigation and five allegations are pending investigation. In, the LCPD PSU conducted twenty-five formal investigations. In 3 the LCPD PSU conducted twentyeight formal investigations. In LCPD PSU conducted twenty-five formal investigations and six are pending investigation. There was a % increase in formal investigations conducted by the PSU from 3 to. There was an overall % increase in formal investigations from to. In the fall of the preliminary inquiry process was implemented. The preliminary inquiry is a review of all facts and evidence, but ends short of requiring any accused officer(s) to give statements about the complaint. The Page 9

decision to move forward with a formal investigation is made by the Chief of Police when potential misconduct is discovered or clarifying questions must be asked to the focused employee. The PSU conducts preliminary inquiries into all formal complaints. There were 7,77 calls for service in compared to,77 calls for service in 3. These calls for service and other police contacts resulted in external complaints (.%). Not all complaints or police actions stem from a call for service and can come from a traffic stop, or consensual contact. Of the external complaints received, 7% resulted in a formal investigation. Page

USE OF FORCE INCIDENTS 3 USE OF FORCE INCIDENTS *Not to be confused with Complaints 6 6 9 9 7 9 3 3 3 Total Administrative Division Operations Division Office of the Chief of Police USE OF FORCE INCIDENTS Quarterly 7 6 3 6 3 6 6 6 Jan/Mar Apr/Jun Jul/Sep Oct/Dec 9 6 3 6 3 Page

RESISTANCE ENCOUNTERED BY OFFICER 6 7 Non-Cooperative Active Resistance Unarmed Assailant Armed Assailant 6 9 The officers are able to list the resistance they encounter from the subject in the use of force entry. An officer may encounter more than one type of resistance in a Use of Force Incident. Non-Cooperative: The subject is not obeying the lawful commands from an officer. Active Resistance: The subject is actively resisting the officer. Unarmed Assailant: The subject is not armed with a weapon and is threatening and/or attacking. Armed Assailant: The subject is armed with a weapon and is threatening and/or attacking Page

Effectiveness of Force Techniques / Tools Used by Officers Total Type of Technique Effective % Effective Not Effective % Not Effective Non-compliant Handcuffing 9% % 7 Forced Stabilization 97% 6 7% 7 Taser 39 % 3 % 3 Leverage Takedowns 9 9% % Gooseneck 3 % % Armbar % % Sweep % 3 % Knee Strikes % 3 3% 9 Wrist Lock 6 % 3 6% Tackled 7 9% 6% 3 Compliance Holds 6% 3% 3 Impact Takedown 3 % % Other 73% 3 7% Impact Strikes % % Baton 6 6% % 7 Canine 6 6% % 6 Bear Hug 3 % 3 % 6 Firearm 67% 33% 6 Vascular Neck Restraint 3 % 3 % Handcuff Drag % % Vehicle Extraction % % Custody Strike % 6% Open Hand Technique % % 3 MM % 3 % 3 Bean Bag Round % 3 % 3 CS Chemical Gas 67% 33% 3 Elbow Strike 33% 67% 3 Escort Position 33% 67% 3 Pressure Point 67% 33% OC/Chemical Spray % % Distraction Technique % % Non-compliant Leg-cuffing % % Shovel Technique % % Page 3

An officer or subject may receive an injury during a Use of Force Incident. All injuries are documented which include: minor injuries, visible injuries and complaint of injuries. An officer or subject may report more than one type of injury. OFFICERS AND SUBJECTS INJURED DURING A USE OF FORCE INCIDENT 7 9 6 Subject Injured Officer Injured No Yes OFFICER AND SUBJECT INJURY TYPE 93 6 Abrasion 7 6 Broken Bone Bruise Laceration Puncture Sprain Complaint Only 9 69 No Injury Not Specified Officer Civilian Page

MEDICAL ATTENTION AFTER A USE OF FORCE INCIDENT 97 9 3 Subject 3 3 No Yes Unknown Officer Medical attention means that either the subject or the officer received medical treatment from a local hospital. A policy change occurred in November and currently reads as follows: General Order.(B) states: It is the officer s responsibility to summon emergency medical personnel to administer treatment or render first aid when force is applied. If applicable the officer should render first aid until emergency medical personnel arrive. Officers should render first aid consistent with knowledge and training, taking into consideration the seriousness of the injury. Officers administering first-aid shall wear appropriate personal protective equipment, taking into account their own safety. General Order.(B) states: Refusal of Medical Attention Form (RMAF) is required in every incident where medical attention is refused. (See Attachment A - Refusal of Medical Attention Form) If the arrestee refuses to sign the RMAF, then medical attention from LCFD or a medical facility is still required. Page

Calls for Service Which Resulted In a Use of Force Incident TOTAL 9 Call for Service Total Percentage Domestic Disturbance 39 9% Affray 9% Disorderly Subject 9% Welfare Check 6 % Traffic Stop % Shoplifting 9 % Suicidial Subject 9 % Suspicious Circumstance % Other 7 3% Agency Assist 6 3% Aggravated Assault % Burglary % Mentally Ill % Warrant % Suspicious Subject % Traffic Crash % Trespassing % Intoxicated Subject 3 % Vandalism 3 % Alarm % Assault % Felony Investigation % Firearm Investigation % Probation Violation % 9 Hang Up % Animal Control % Child Abuse % DWI % Incorrigible Child % Loud Party % Medical Assist % Robbery % Runaway % Page 6

USE OF FORCE ANALYSIS LCPD General Order Use of Force, defines a use of force as the amount of effort required to compel compliance by an unwilling subject resulting in a potential for injury, excluding compliance holds that require no more than a firm grip. The standard for use of force used by the Las Cruces Police Department is more stringent than most agencies. The Las Cruces Police Department understands that to the untrained eye a Use of Force Incident involving an officer looks far more violent than they are really are. The appearance of the technique being violent is far increased if a subject resists the techniques as demonstrated by cadets in the LCPD Academy undergoing hundreds to thousands of repetitions in each of our techniques and not becoming injured because they are not resisting the techniques. LCPD Officers are trained in the techniques by using them on each other and undergo updated training frequently. A law enforcement officer has varying degrees of physical control that may be justified depending on the situation. Sometimes a subject doesn t voluntarily comply with being taken into custody and the officer encounters resistance. The resistance often results in some type of use of force. Use of Force incidents may escalate or de-escalate depending on the subject s resistance to the officer. Not all Use of Force incidents result in the subject being arrested and criminally charged but are necessary to control the situation. There may be more than one officer involved in a Use of Force Incident. They may utilize more than one type of use of force technique while gaining control of a subject. Officers utilized forced stabilization 7 times and it was effective in gaining control of the subject 97% of the time. Non-compliant handcuffing was utilized times and it was effective in gaining control of the subject 9% of the time. A taser was utilized 7 times and it was effective in gaining control of the subject % of the time. Officers utilized a Leveraged takedown 3 times and it was effective in maintaining control of the subject 9% of the time. There were 9 Use of Force Incidents in with 6 incidents (9.63%) that originated from within the Operations Division and 3 incidents (.3%) that originated from within the Administrative Division. In, the Las Cruces Police Deparment responded to,99 calls for service. With,99 Calls for Service resulting in 9 use of force incidents in the Las Cruces Police Department used force at.% of reported calls for service contacts. There was an increase in use of force incidents from to of.6 %. There were 7 Use of Force Incidents in 3 with 6 incidents (99.%) that originated from within the Operations Division and incident (.%) that originated from within the Administrative Division. In 3, the LCPD responded to,77 calls for service. With,77 calls for service resulting in 7 use of force incidents in 3 the LCPD used force at.% of reported calls for service contacts. There was a decrease use of force incidents from to 3 of.%. There were 9 Use of Force Incidents in with 9 incidents (9%) that originated from within the Operations Division, 3 incidents (.%) that originated from within the Administrative Division and one incident (.%) that originated from the Office of the Chief of Police. With 7,77 calls for service resulting in 9 use of force incidents in, the LCPD used force at.3% of reported calls for service contacts. There was a decrease of.% in use of force incidents from 3 to and a % decrease over the last 3 years (-). Page 7

In, the PSU investigated three complaints regarding Use of Force. The findings in these investigations are as follows: -Exonerated, -Unfounded. In 3, the PSU investigated complaints regarding Use of Force. The findings in these investigations are as follows: -Exonerated, - Unfounded. In, the PSU investigated complaints regarding Use of Force. The findings in these investigations are as follows: 3-Sustained, -Exonerated, -Under Investigation & -Pending Investigation. Domestic Disturbances, Affray Investigations, Disorderly Subjects and Concern for Well-Being are the top four most common calls for service where a use of force results.. Domestic disturbance calls for service account for 9% of the use of force contacts between officers and subjects which is the most common type of call which results in officers utilizing force.. Affray Investigations account for 9% of the calls for service which result in a use of force contact. 3. Disorderly Subjects calls for service account for 9% of the calls for service which result in a use of force contact.. Concern for Well-Being calls for service account for % of the the calls for sercie which result in a use of force contact. In, there were 6, arrests made by officers. There was an % increase in arrests from to with only a.% increase in use of force incidents. The LCPD made more arrests, but used force less often. In 3, there were 6, arrests made by officers. There was a % increase in arrests from to 3 with a % decrease in use of force incidents. The LCPD made more arrests, but used force less often. In, there were 6,7 arrests made by officers which is a 6% decrease in arrests from 3 to with a.% decrease in use of force incidents. The LCPD has seen a % decrease in arrests over the last 3 years along with a.7% decrease in use of force incidents during the same period. LCPD ARRESTS BY YEAR - 6 39 3 3 79 7 Adults Arrested 3 Juveniles Detained ***From the LCPD Annual Report*** Page

VEHICLE CRASHES DEPARTMENTAL VEHICLE CRASHES 6 3 3 6 6 3 Administrative Division Operations Division Office of the Chief of Police 3 VEHICLE CRASH DETERMINATION 6 3 3 3 7 7 3 Non Preventable Preventable Page 9

7 6 3 9 EMPLOYEE & SUBJECT INJURIES Stemming from a crash 6 Employee Injured No Yes Subject Injured 3 CRASH OCCURRENCE BY TIME 3 9-6 Hrs 6- Hrs - Hrs - Hrs Page

3 TOP 7 CONTRIBUTING FACTORS Driver Inattention None Improper Backing High Speed Pursuit 6 3 3 Other- No Driver Error Other Improper Driving Failed to Yield Right of Way VEHICLE CRASH ANALYSIS The Las Cruces Police Department undergoes sixty-four hours of Emergency Vehicle Operations (EVOC) Training in the Academy, and officers receive updates of ten hours every two years. The cadet training involves some classroom portions, basic driving maneuvers including parking, backing, turning and then moves on to high speed maneuvers including the break and escape, accident avoidance, pursuit driving, and the PIT technique. The training updates include backing, turning, parking, and then moves on to high speed maneuvers including the break and escape, accident avoidance, and the PIT technique. There were fifty-four department vehicle crashes in, forty-eight in 3 and sixty-nine in. This marks an % decrease in crashes from to 3 and a % increase in. There was an overall % increase in crashes from to. There was a % decrease in employee preventable crashes from to 3. Of the sixty-nine crashes in, 7% were preventable by the employee. There was a 93% increase in employee preventable crashes from 3 to. The Operations Divison had thirty-eight crashes in ; forty-one in 3 and fifty crashes in. There was a % increase in crashes among employees from the Operations Division from 3 to. There was an overall 3% increase in crashes among employees from the Operations Divisions from to. The Administrative Division had fifteen crashes in ; six in 3 and sixteen in. The Office of the Chief of Police had one crash in ; one crash in 3 and three in. In, there were twenty-five crashes which occurred between - hours; twenty-three between - hours; twelve between 6- hours and nine occurred between -6 hours. There were eighteen reported injuries: ten employees and eight subjects from a total of 3 occupants. Twentyeight of the sixty-nine crashes (%) were caused by driver inattention either by the officer or subject. Of the sixty-nine total employee crashes, fifty-two (7%) were determined to be preventable by the Page

employee driving. Citations are issued to officers by a supervisor when it is determined the officer could have prevented the crash and there is violation of New Mexico State Law and/or Las Cruces City Ordinance. The issuance of a citation is not disciplinary and the officer may also receive other department sanctions. Page

VEHICLE PURSUITS 3 3 VEHICLE PURSUITS 3 9 3 Administrative Division Operatations Division 7 6 3 PURSUIT DISTANCE 7 7 3 3 Less than mile to miles. to miles. to miles Beyond miles Page 3

PURSUIT BY TIME OF DAY 6-6 6- - - REASON PURSUIT WAS INITIATED 6 6 3 Traffic Violation Felony Suspect Reckless Driving Misdemeanor Suspect DWI Other Page

TYPE OF VEHICLE PURSUED 6 3 Automobile Truck SUV ATV Other PURSUIT TERMINATED BY OFFICER/SUPERVISOR 3 3 No Yes Page

STOP DEVICE UTILIZED 3 3 6 3 3 3 3 None PIT Stop Sticks/Spike Strip VEHICLE CRASH OCCURRED 9 9 3 No Yes Page 6

PURSUED DRIVER ARRESTED FOR DWI 3 7 7 9 7 3 No Yes 3 3 PURSUIT FINDINGS 9 3 3 3 In Policy Out of Policy Page 7

VEHICLE PURSUIT ANALYSIS There were twenty-nine vehicle pursuits reported in ; thirty-two in 3 and twenty-four in. There was a % increase from to 3. There was a % decrease in vehicle pursuits from 3 to and an overall 7% decrease in pursuits from to. Four of the pursuits in were less than mile, seven were from to miles, seven were from. to miles, three were from. to miles, and three was over miles. Eleven of the pursuits occurred between -6 hrs.; one between 6- hrs.; one between - hrs. and eleven from - hrs. 6% of the pursuits were initiated for traffic-related violations, % were for attempts to apprehend Felony Suspects; 3% were for Reckless Driving; % were misdemeanor suspects; % were for DWI and % was listed as Other. Of the twenty-four drivers pursued, seven were arrested for DWI. Four or 7% of the twenty-four pursuits were called off by either the initiating officer or a supervisor as the risks of continuing the pursuit outweighed the benefits of apprehending the offender. During four of the pursuits, a stop device or PIT maneuver was utilized. Nine of the pursued suspects crashed their vehicles at some point in the vehicle pursuit. Of the twenty-four pursuits that occurred in, one was found to be out of policy by Emergency Vehicle Operations Course Instructors (EVOC) and an internal investigation. The LCPD requires commissioned officers to participate in ten hours of Emergency Vehicle Operation Training every two years. The training requires officers to drive portions of the Emergency Vehicle Operation Course (EVOC) and demonstrate the ability to properly perform the Pursuit Intervention Technique (PIT). This is in addition to the sixty-four hours of required EVOC training officers received during the academy. The LCPD takes a proactive approach in maintaining the officer s ability to safely operate a police vehicle during a pursuit. Page

TORT CLAIMS TORT CLAIM BY DIVISION 3 3 3 Administrative Division Operations Division TORT CLAIMS BY SECTION 6 7 3 3 3 West Area Command East Area Command Criminal Investigations Metro Narcotics Traffic Special Services Professional Standards SWAT Environmental Enforcement * Metro Narcotics is a Multi-Agency Task Force to which LCPD provides agents* **SWAT refers to the tactical team** Page 9

TORT ANALYSIS There were twenty-four Tort Claims filed against the City of Las Cruces in ; twenty-one in 3 and twenty in. There was a 33% increase in torts filed from to, a 7% decrease from to 3, and % decrease from 3 to. There was an overall 7% decrease in torts filed against the City of Las Cruces from to. A subject may file a Tort Claim against the City of Las Cruces which preserves the subject s right to pursue a civil lawsuit, not all Tort Claims result in a lawsuit. A preliminary inquiry is conducted into all Tort Claims received. The City of Las Cruces Legal Services Department is the keeper of the record for torts and lawsuits against all city departments and further information can be obtained through their department. THREE YEAR COMPARISON AREAS 3 EI-C Complaints 9 EI-C Complaints 6 7 7 EI-C3 Complaints 7 76 3 Internal Investigations 7 Use of Force Incidents 9 7 93 Vehicle Crashes 7 Vehicle Pursuits 9 3 Tort Claims Received Failure to Appear 3 7 Driving Complaints 6 7 9 Page 3