Dec 2023. Blues Vol 39 No. 12

were within the

were within the boundaries of any reasonable use of force policy. Each Taser deployment was precipitated by commands and force warnings. Each Taser deployment was to achieve a very specific action: 1. Get on the ground. 2. Roll onto stomach. 3. Put hands behind back. Once Mr. Day complied - the use of force stopped. It seems that people have the most trouble with the third Taser deployment. However, the third Taser deployment is the most justifiable one. Here’s why: • The situation was not safe until Mr. Day was handcuffed. Therefore, it was reasonable for Officer Kehoss to try and achieve this. • After the second Taser deployment, Officer Kehoss holstered the Taser. This speaks volumes on his intent - that he did not plan on using the Taser again. • That changed when Mr. Day not only refused to put his hands behind his back but physically pulled his right arm away from Officer Kehoss during the handcuffing process. • This is the textbook definition of “active resistance”. • Officer Kehoss gave clear commands and several warnings that the Taser would be utilized a third time. Still, Mr. Day refused to comply. • After the third Taser deployment - Mr. Day complied and was handcuffed. And no additional force was utilized. • This is evidence that the force utilized by Officer Kehoss was only to achieve a lawful objective and was not excessive. INVESTIGATION OF OFFICER KEHOSS The Naugatuck Chief of Police (C. Colin McAllister) explained that a supervisor reviewed the body camera footage from this incident, had “concerns”, and sent the video to Waterbury State’s Attorney (Maureen Platt). Ms. Platt also had “concerns” about the conduct of Officer Kehoss and forwarded the case to the State Police to investigate. The charges against Officer Kehoss stem from the State Police investigation. If the actions of Officer Kehoss were truly criminal in nature the Naugatuck police department would have filed charges and not passed it on because they were unsure. Also, the State’s Attorney would have filed charges against Officer Kehoss if his actions were truly criminal and her office would have not passed the case for a third opinion. This case was shopped around to three different agencies before charges were filed. That speaks volumes about the merits of this case. MEDIA MALFEASANCE In virtually every local and national article that covered this case - the personal history of Officer Kehoss is criticized and exaggerated. Every aspect of his personnel file has been combed through and violations of department policy from years ago - are being connected to this incident. Those same journalists are not very interested in the criminal history of Jarrell Day. I promise - the criminal history of Mr. Day is far more extensive, serious, violent, and relevant than the past policy violations of Officer Kehoss. LANGUAGE During the arrest Officer Kehoss cursed and used foul language towards Mr. Day. Here are some examples: “You are a fucking idiot, you know that, you turned a larceny into a felony.” “Shut the fuck up!” “Start fucking complying asshole!” Alright. The language is not great. The language is likely a violation of department policy. That’s it. Give Officer Kehoss his letter of reprimand and we can all move on. The double standard is astounding. The media is far more concerned with the cursing from an officer instead of a violent crime committed by an offender. FINAL THOUGHTS Every deployment of the Taser from Officer Kehoss was in furtherance to achieve the lawful objective of arresting Mr. Day for a violent felony. Each deployment of the Taser was precipitated by commands and a warning that force would be utilized. Each deployment of the Taser was while Mr. Day was actively resisting arrest. Officer Kehoss arrested a violent felon without causing any injury. The fact that he is facing criminal charges should give all officers pause and seriously think twice about actively pursuing criminal offenders. The charges against Officer Kehoss should be immediately dismissed and he should be reinstated back to full duty. ABOUT THE AUTHOR: David Carr has over eighteen years experience as a police officer in a large city and also (while working the cop job) earned a Master’s degree in Criminal Justice and a Law Degree (J.D.). He has been featured on the popular Law Enforcement Today Radio Show and podcasts such as Courageous Leadership, Failure to Stop, and On Being a Police Officer. Find more informative articles on his substack page and join in on the conversation. https://policelawnews.substack. com/ 20 The Blues 40th Anniversary Issue

The Blues 40th Anniversary Issue 21