DRAFT REPORT OF THE CITY OF SPOKANE USE ... - Samuel Walker

Mr. Earl F. Martin
RE: REPORT TO USE OF FORCE COMMISSION
December 3, 2012
Page 14
supporting materials for the lecture are not up-to-date with recent case law, in particular with regard
to use of force cases. Thus, the use of force report writing program would benefit from an on-going
review by legal counsel for the department familiar with recent developments in case law and use
of force concepts. Additionally, it was suggested that an emphasis be placed on the "Graham"
factors and officer/subject factors in evaluating the reports and that supervisors be tested on report
review and approval.
USE OF FORCE - ELECTRONIC CONTROL DEVICES
Detective Randy Lesser is the designated Electronic Control Device (ECD) instructor for
Spokane Police Department. Det. Lesser is also the SWAT Team Leader for the department. Det.
Lesser was originally certified as a TASER ECD instructor in 2002 and has subsequently been
re-certified every 2 years. He has not requested nor applied to be elevated to a Master Instructor
level which would qualify him to certify other ECD instructors and to do re-certifications for SPD
himself.
Det. Lesser explained that SPD personnel receive a 4-hour block of training on ECDs. SPD
does not do re-certification annually as recommended by TASER International. Det. Lesser
indicated that this is a result of a cost issue based on a per cartridge cost estimated at $26. According
to Det. Lesser, the last in-service ECD training for SPD personnel was in 2010 and consisted of 1
hour of training (see "Taser Updates: In-Service 2010" attached hereto as Exhibit "F") which
focused on ECD maintenance issues, ECD operation issues, and the #1 TASER Application Rule,
as the document refers to it, summarized as follows:
"Minimize the number of taser applications in any situation. If possible, have an
arrest team and apprehension plan in place prior to tasering the suspect. The suspect
is only incapacitated while the electricity is on. This is the time to apprehend and
cuff the suspect if possible. The lack of an apprehension plan often leads to repeated
taser applications, which can increase the length of the physical struggle and lead to
the suspect exhibiting symptoms of exhaustion, distress or agitated/excited delirium."
In discussing the issue of annual or bi-annual ECD training, Det. Lesser provided a
document detailing the comprehensive nature of the subject areas covered in the 2010 ECD update.
Det. Lesser explained that annual hands-on training with the ECDs has previously been deemed
unnecessary because targeting with an ECD is perceived as simply a matter of using the built in ECD
laser sighting system. Additionally, as mentioned above, he pointed out that having every officer
discharge one or more ECD cartridges a year solely for training purposes is cost prohibitive.