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enforcement profession. This regulation applies to both the professional and private conduct of all members. It includes not only all unlawful acts by members but also acts which, although not unlawful in themselves, would violate either the Law Enforcement or Civilian Code of Ethics, and would degrade or bring disrespect upon the member or the Department.

You use of force behavior caused visible injuries to a non-violent subject who evaded officers on foot for a suspected traffic violation. According to body worn camera footage, you knew the subject was pepper sprayed, tased, struck with an ASP baton, punched, and kicked. You failed to recognize the victim’s signs of distress and failed to disclose viable information to the responding emergency personnel to render the proper medical attention. In your Garrity statement, you admitted you did not provide immediate medical aid and walked away and decontaminated yourself from chemical irritant spray. Your actions place you in violation of DR 120 Neglect of Duty which states:

DR 120 NEGLECT OF DUTY

A. Each member, because of his or her rank and assignment, is required to perform certain duties and assume certain responsibilities. Failure to properly function in these areas constitutes neglect of duty. This regulation prohibits any omission or failure to act by any member of the Department, whether on-duty or off-duty, when such action is required by the stated policy, goals, rules, regulations, orders, and directives of this Department. It applies to any member who, through carelessness, inefficiency, or design, fails to implement the policy, goals, rules, regulations, orders, training, and directives of this Department.

B. A member with supervisory responsibility is required to properly supervise their subordinates in compliance with the above, and the failure of any supervisor to do so through deliberateness, carelessness, neglect, or inefficiency shall be a violation.

In your Garrity statement, you deployed your ASP baton and struck a non-violent subject three times and deployed your OC spray twice while the individual because your partners were unable to handcuff him. Your actions were captured on video evidence. Although you did not assist with handcuffing the subject, your use of force behavior was excessive, unnecessary, and caused serious bodily injury. Your actions place you in violation of DR 301 Excessive Force/Unnecessary Force which states:

DR 301 EXCESSIVE FORCE/UNNECESSARY FORCE is defined as the amount of force which is beyond the need and circumstances of the particular event, or which is not justified in the light of all circumstances, as is the case of deadly force to protect property as contrasted with protecting life.

Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers should consider the facts and circumstances known at the time of the confrontation when determining the amount of force to use, including: the severity of the subject’s crimes, the immediate threat posed by the subject to the safety of others, and whether the subject exhibits active aggression or is actively resisting arrest. Officers are permitted to use whatever force that is necessary and reasonable to protect others or

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