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 16
It appears that some officers are not carrying ECDs because of a lack of functional equipment
or because they have lost confidence in the reliability of the device they were issued. One option is
to have supervisors confirm at shift briefings that patrol officers are properly equipped and that
officers are reminded to bring to the attention of the shift supervisor or other designated personnel
the fact that equipment is either not functioning properly or is otherwise unavailable. This is critical
in regard to force options because when a non-deadly force option fails because of an availability or
functionality issue the implication is negligence in maintaining non-deadly force options and
negligent supervision with regard to the same.
With regard to ECD use of force concerns, SPD personnel throughout the ranks should
receive force options training on multiple deployments and long-term duration deployments. In
particular, in a practical scenario type of setting or a hands-on type of training experience the concept
of cuffing under power and handcuffing intervention tactics should be reaffirmed with personnel as
preferred to long-term duration deployment. Likewise, 3-point stunning should be taught and
emphasized as a way to avoid the need for multiple trigger pulls or long-term duration deployments.
Clearly this is another area where the force simulator would be of great assistance. Recent use of
force case law decisions have been focused on ECDs including both drive-stunning and probe
deployments across jurisdictions. This developing area of the law requires that agencies provide
periodic legal updates and hands-on training dealing with the use of both non-deadly and deadly
force options.
Updating officers on the classification of probe deployments at the level of non-deadly
intermediate force and the need for active resistance and a threat to officers or others prior to using
same is imperative. In the case of drive-stuns, this non-deadly force option generally requires a
warning and an opportunity for volitional compliance between pain compliance applications.
Officers should be trained with regard to the "window of opportunity" and the concept of "cuffing
under power" or alternatively, formulation of a plan of action to reduce the number of ECD
discharges and gain control over a subject in an efficient manner. Likewise, supervisors need to be
trained to intervene when long-term durations or multiple deployments are occurring. Also,
supervisors or other typically available personnel need to be trained to download ECDs when ECD
devices are used to enable officers to use the data port download printouts to prepare accurate reports
of ECD deployments and to require the printouts to be attached to incident and use of force reports.
IN-SERVICE CHEMICAL AGENTS AND IMPACT PROJECTILE TRAINING
During my meetings in Spokane I was not able to meet with the Chemical Agents Response
Team (CART) instructor Corporal Kevin Keller. Thus, my meeting with Corporal Keller was
conducted via telephone. Cpl. Keller was very helpful and forthcoming with regard to the training
and force options available to SPD patrol and specialized team members in the form of chemical