The Tucson Police Department is releasing its findings associated with the review of two critical incidents. The first incident involved a motorcycle collision associated with a police pursuit in mid-2016; the second involved the department’s role in a protest that occurred on Congress Street in February 2017.
Tucson Police responded to an “emergency protest” organized by La Union del Pueblo Entero (L.U.P.E) outside of the Federal Building on West Congress Street at Granada Avenue in downtown. The protest was part of the national ‘Day Without Immigrants’ strike.
Related article: Tucson Police Officers Assaulted, Protesters Pepper Sprayed In Downtown Clash
PROTEST ON CONGRESS STREET
CIRB determined multiple issues contributed to the February 2017 protest becoming confrontational. The demonstrators’ decision to leave the sidewalk and block traffic served as a significant contributing factor for the encounter in the roadway. Some protestors viewed actions taken by the police as unwarranted or unnecessary. Based on this perception, several protestors engaged in unlawful conduct that included assaulting officers and resisting arrest. Such conduct, especially assaults on police personnel, is not acceptable and constituted an inappropriate and unlawful reaction to lawful police direction. Protestors who believed police actions were unlawful or outside of department policy had a variety of means to challenge the direction or legality of such conduct that did not involve interfering with or resisting arrest.
CIRB concluded that officers used justified force during much of the incident, but identified several circumstances where the force employed was outside of department policy. In the months that followed this protest, the department instituted significant changes to use of force training, tracking, and review. These revisions appropriately reflect community expectations regarding effective communication and de-escalation skills.
In addition, CIRB found the department lacked a clear policy or established practice as it relates to protests that take control of an open roadway. CIRB found General Order 2548, “Civil Disturbances,” deficient in terms of terminology, the role of incident command, expectations for pre-planning, and arrest protocols. This led to implementation of a new “First Amendment Activity,” General Order that provides the agency and community with a framework of expectations and factors for consideration when officers allow or disallow groups of protestors to be in the street.
CIRB findings resulted in the creation of the Community Network Team (CNT), a specially selected and trained group of officers that now deploys during large events and protests. CNT personnel engage with the public using an open and welcoming demeanor that promotes positive dialog within diverse crowds.
CIRB determined ineffective and insufficient communication throughout the Operations Division West (ODW) command structure contributed to the outcome. Command and supervisory expectations specific to protest activities and police response were primarily communicated through verbal direction, resulting in confusion throughout the chain of command. Communication regarding protests will now be formalized and more consistently captured in operations plans. CIRB found supervision inadequate, lacking in proper prioritization of tasks, and absent the necessary designation of incident command. A supervisor must now be present, and an incident commander identified, for all downtown protests.
OFFICER-INVOLVED MOTORCYCLE CRASH
In this review, CIRB determined the fatal accident occurred as a result of the suspect fleeing responding patrol cars, not as a result of a violation of department policy. That said, CIRB did find deficiencies in policy, training, and equipment. As a result, significant revisions were made to General Order 3600, “Vehicle Operations,” to provide clarity and improve understanding of responsibilities when undertaking emergency or pursuit driving. CIRB direction also led to the creation of a Driving Safety Committee that worked with the City’s Risk Manager to employ monitoring technology for the operation of City vehicles.