|
|
Site NavigationHomeAbout us People's Police Report Shootings & deaths Cool links Other Information Contact info Donate
|
Police Review Board: First 2018 Report Reveals Crimes, Misdemeanors, While Council Updates Guidelines Although they are required to be published twice a year, the first Police Review Board (PRB) Report of 2018 came out in September, 10 months after the previous Report (PPR #73). The summaries of the closed-door sessions of the Bureau's internal body, which only includes one community participant of five members-- or two of seven in excessive/deadly force cases-- reveal a mix of criminal and other shocking behavior. About a week before the Report was published, City Council made changes to the PRB's guiding ordinance, mostly to allow officers to skip the process if they agree to receive discipline in a case with "Sustained" findings. This "stipulated discipline" was added to the US Department of Justice Settlement Agreement in April (PPR #74) and is not allowed for serious allegations. After Portland Copwatch (PCW) noted that bypassing the PRB would mean the public would not get information about those incidents, Council (and, surprisingly, the Bureau) agreed to include stipulated cases in future PRB Reports. A second Report was published on December 14, days before the PPR deadline; watch for an analysis in our next issue. The September Report covers 24 cases, but gives scant attention to four officer-involved shootings (p. 1). There are details on three cases involving officers who were arrested for DUIIs, the five high-ranking officers investigated in covering up former Chief O'Dea's off-duty shooting (PPR #69), the Lieutenant who signed former Chief Marshman's name on an attendance sheet for a training where the Chief did not show up, officers using pepper spray and a Taser in highly questionable circumstances, a supervisor who grabbed a subordinate by the neck, and a recruiting officer who gave away answers to the Bureau's employment tests in apparent hopes of getting sexual favors from an applicant. That officer was revealed by the Oregonian (September 23*) to be Tim Evans, who was a member of the Community/Police Relations Committee when it existed. Of the three officers caught drunk driving, two were fired and the third was given two weeks off without pay. Three other officers were fired: Evans; a second officer who apparently was fired for retaliating against yet another officer by alleging misconduct; and a supervisor who said something so "shocking" that other officers turned him in. A media report suggests that Sgt. Gregg Lewis made an inap-propriate comment at roll call shortly after Quanice Hayes' 2017 death about using force against a black man.
One DUII case that led to termination was the April 25, 2016 incident where Officer Daniel
In another shocking case, an officer who had a civilian on a ride-along searched a car with no probable cause and bragged about it being a "dirty search." The Board voted to recommend two weeks off without pay, but the officer resigned before being disciplined. Another officer allowed a "scantily clad stripper" to pose on top of a police cruiser for a photo. The PRB only recommended command counseling for that officer, but Chief Outlaw raised the discipline to a Letter of Reprimand. There were five other cases where Chief Marshman imposed final discipline which was higher than what was recommended, but in another five, the discipline was lower than suggested, mostly done by Assistant Chiefs in their roles as Acting Chief. Marshman gave two days off to an officer who showed up to a domestic dispute, made "inappropriate political comments," failed to provide the proper forms, did not photograph the injuries, and showed a "lack of empathy." Acting Chief Chris Davis gave two days off to an officer who fired a Taser at a male shoplifting suspect who was running away. Acting Chief Matt Wagenknecht only gave Command Counseling to an officer who in September 2013 inappropriately used pepper spray on a protestor, even though the protestor was not actively resisting police. Regarding the four Assistant Chiefs and Internal Affairs Captain Derek Rodrigues who were accused of covering up O'Dea's shooting, three of the four Chiefs were given a finding of "Unfounded," meaning the cover-up did not happen, while the fourth was "Exonerated." This was Donna Henderson, who was in charge of the Investigations unit and thus had a duty to look into the shooting. Rodrigues took the fall with a Sustained finding and two days' suspension. Another case involved Rodrigues and A/C Kevin Modica failing to follow up on a complaint filed by a female Asian American non-sworn employee against Bureau diversity manager Elle Weatheroy. Rodrigues and Modica were both found out of policy for not following up, with Modica additionally accused of retaliating against the non-sworn employee by talking to her about the complaint despite a gag order. Ultimately Chief Marshman agreed to give Modica three days off without pay... but he cut a deal to retire with his rank of Assistant Chief before the discipline was imposed (PPR #72).
Capt. Rodrigues, who is Latino, has sued the City for discrimination for being placed on leave and given two days' suspension even though the four Assistant Chiefs who also did not report O'Dea's shooting weren't disciplined (Portland Tribune, August 16).
In all there were nine Bureau-initiated cases which do not involve misconduct against civilians, ten community-related, and five which PCW labels "Bureau/Community" since they did involve civilians (the four shootings plus an officer who inserted himself into a case involving a family member). The Board considered 91 allegations and found 48 Sustained. As PCW has noted before, the high 53% Sustain rate is because most incidents are referred to the Board only when someone recommends that finding in the first place. As with previous PRB Reports, there are too few details, too many redactions, and little indication there were detailed discussions about the most egregious cases. While the summaries now list the date and location of deadly force cases, the PPB still fails to realize that shootings and deaths cause great concern in the community and erode public trust in law enforcement. The survivor of a shooting and/or survivors of those who have died are still not allowed to address the PRB, even though the officers involved are afforded that opportunity. Find the PRB Reports at portlandoregon.gov/police/55365. PCW's full analysis including summaries of all 24 cases can be found at http://portlandcopwatch.org/PRBanalysis0918.html.
*-The Oregonian's was the only media coverage of the PRB
Report, published two days after PCW posted our analysis. |
January, 2019
|
|
Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#76 Table of Contents
|
Chastain
flipped over his unmarked police car and got arrested with a .256 blood alcohol content
(