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Bang / Guns
See other Bang / Guns Articles

Title: When Atatiana Jefferson Pickup Up Her Gun, Officer Dean's Requirement to Issue a Warning of Attempt to Deescalate Disappeared
Source: [None]
URL Source: [None]
Published: Oct 28, 2019
Author: nolu chan
Post Date: 2019-10-28 11:55:26 by nolu chan
Keywords: None
Views: 532
Comments: 5

When Atatiana Jefferson Picked Up Her Gun, Officer Dean's Requirement to Issue a Warning or Attempt to Deescalate Disappeared

nolu chan
October 28, 2019

Regarding Use-of-Force, the Fort Worth PD adopted PERF ICAT training in 2018. While it requires issuance of a warning and attempting deescalation before using lethal force, it explicitly does not apply to situations where the subject is armed with a gun.

A subject with a firearm is treated differently from all other situations. In such situation, the Fort Worth PD Use-of-Force policy does not require the officer to issue a warning, or to attempt deescalation, prior to using lethal force.

Let us review the Use of Force policy of the Fort Worth PD, beginning with PERF ICAT, adopted in January 2018, and proceeding to the general Forth Worth PD policy of 2017 as reviewed by The Use of Force Project.

- - - - - - - - - -

PERF ICAT TRAINING

Police Executive Research Forum

Integrating Communications, Assessment and Tactics De-escalation Training

http://fortworthtexas.gov/news/2018/01/police-perf-training/

FWPD completes training that emphasizes de-escalation tactics

Posted Jan. 31, 2018

Every officer in the Fort Worth Police Department has completed training that encourages them to use a new way of thinking when it comes to crisis intervention, communication and tactics.

The training is called PERF ICAT— Police Executive Research Forum Integrating Communications, Assessment and Tactics De-escalation Training. The nationally-recognized training educates officers on the skills, knowledge and confidence needed to manage non-firearm threats, influence behavioral changes and gain voluntary compliance whenever possible. The training is a key to the department’s mission to safeguard the lives of residents and enhance public safety through building trust with the community.

The PD has recently made changes to how officers approach use-of-force situations and amended policies to incorporate de-escalation tactics. Biannual in-service training and training for new recruits have been modified to provide more tools to resolve police encounters that emphasize the safety of residents and officers.

The PD has invited city officials and members of the Chief’s Advisory Board, Policy Advisory Committee, and the Race and Culture Task Force to an ICAT training session so they can realize what is expected of officers and have a better understanding of the situations officers face each day.

Well, that sounded impressive. However, PERF ICAT training mainly benefits Officer Dean and the defense.

https://www.policeforum.org/about-icat

About ICAT

Integrating Communications, Assessment, and Tactics, or ICAT, is a use-of-force Training Guide designed to fill a critical gap in training police officers in how to respond to volatile situations in which subjects are behaving erratically and often dangerously but do not possess a firearm. The Training Guide includes model lesson plans and support materials (including Power Point presentations, videos, and other resources) in the key areas of decision-making, crisis recognition and response, tactical communications and negotiations, and operational safety tactics. ICAT then integrates these skills and provides opportunities to practice them through video case studies and scenario-based training exercises.

Read the ICAT Mission Statement and Training Goals

Four Areas of Focus

The ICAT Training Guide focuses on four key areas:

Patrol officer response. In almost every situation where a subject is behaving erratically (often because of mental illness or behavioral crisis), it is a patrol officer—a “beat cop”—who is the first to respond. ICAT provides these officers with the skills and options needed to safely and effectively manage these encounters, especially in the critical first few moments after officers arrive. In many instances, the goal is for the first responding officers to buy enough time so that additional, specialized resources can get to the scene to support a safe and peaceful resolution.

Non-firearms incidents. ICAT focuses on those critical incidents in which the subject is unarmed or armed with a weapon other than a firearm (such as a knife, baseball bat, rocks, or other blunt instrument). Unlike situations in which the subject has a firearm and officers have few options besides lethal force, these non-firearms incidents often present officers with time and opportunity to consider a range of responses. Helping officers safely and effectively manage these types of encounters is the focus of ICAT.

Integration of crisis recognition/intervention, communications, and tactics. In recent years, a growing number of police agencies have been providing their officers with specialized training on how to interact with persons who are in crisis because of mental health issues or other factors. ICAT builds on those efforts by integrating communications and tactical skills with crisis intervention approaches. This integrated approach is presented in the context of a Critical Decision-Making Model that helps patrol officers develop and think through their options in these challenging non-firearms incidents.

Officer safety and wellness. ICAT is centered on PERF’s Guiding Principle #1: “The sanctity of human life should be at the heart of everything an agency does.” The Training Guide focuses on protecting officers from both physical threats and emotional harm. This is accomplished by equipping officers with the tools, techniques and skills needed to slow down some situations and pursue options for safely resolving them. The goal is to help officers avoid reaching the point where their lives or the lives of others become endangered and the officers have no choice but to use lethal force.

Read How the ICAT Training Guide Was Created

Flexible and Adaptable

PERF encourages police agencies and academies to be creative in how they choose to use the ICAT Training Guide.

  • Some may decide to present ICAT as a stand-alone training program, for recruit or in-service training, or both.

  • Other agencies may choose to incorporate the ICAT training modules into existing programs on de-escalation, tactical communications or crisis intervention.

  • Still other agencies may want to take elements of individual modules and create their own lesson plans that are tailored for their agencies and communities.

  • And because many skills (such as tactical communications) are perishable and need to be reinforced and practiced on a regular basis, some agencies may choose to include elements of ICAT in their roll call or team training exercises.

ICAT is designed to be flexible enough to accommodate these and other approaches. However, it is critical that whatever approach is used, the agency or academy focus on the integration of skills, and not present the material in training “silos.” This focus on integration is what makes ICAT unique.

PERF ICAT training does not include subjects with a firearm. Shit, that looked so promising too. Introduce a firearm into the equation and PERF ICAT goes out the window. Introduce a firearm and PERF ICAT has no application whatever. Incidents with firearms are subject to a very different policy.

Repeated for emphasis.

Non-firearms incidents. ICAT focuses on those critical incidents in which the subject is unarmed or armed with a weapon other than a firearm (such as a knife, baseball bat, rocks, or other blunt instrument). Unlike situations in which the subject has a firearm and officers have few options besides lethal force, these non-firearms incidents often present officers with time and opportunity to consider a range of responses.

PERF ICAT redounds to the benefit of the defense of Officer Dean as it makes clear that asituation with a subject armed with a firearm is handled differently from all the other situations, and the officers have few options besides lethal force.

- - - - - - - - - -

FORT WORTH PD USE OF FORCE POLICY AS REVIEWED BY THE USE OF FORCE PROJECT

http://useofforceproject.org/#review

We reviewed the use of force policies of America's 100 largest city police departments to determine whether they include meaningful protections against police violence. Click the boxes below to view details for each policy.

Download the Report

Read the Full Study

[...]

Below is the use of force policy, including the use of deadly force on a subject armed with a firearm, for Forth Worth as documented by the above review of the Use of Force Project.

- - - - - - - - - -

Fort Worth

Year of most recent policy 2017

Requires De-Escalation:

Does the policy require officers to de-escalate situations, when possible?

• "When safely possible, an officer shall use de-escalation techniques consistent with department training whenever possible and appropriate before resorting to force and to reduce the need for force.”

Bans Chokeholds and Strangleholds:

Are chokeholds and strangleholds Gncluding carotid restraints) explicitly prohibited, except in situations where deadly force is authorized?

• "Officers are prohibited from using choke holds and other types of neck-restrain ing tech niques except when protecting them selves or others against an imminent threat of serious bodily and death."

Duty to Intervene:

Are officers required to intervene when witnessing another officer using excessive force?

• "Officers have the duty to intervene when observing another officer using force that is beyond that which is objectively reasonable under the circumstances."

Requires Warning Before Shooting:

Are officers required to give a verbal warning, when possible, before shooting someone?

• "If not already known by the subject to be detained, arrested, or searched, officers should, if reasonable, make clear their intent to detain, arrest or search the subject. When practicable, officers will identify themselves as a peace officer before using force"

Restricts Shooting at Moving Vehicles:

Are officers prohibited from shooting at people in moving vehicles unless the subject presents a separate deadly threat other than the vehicle itself?

• 4. Officers shall not fire a weapon into a moving vehicle or at its occupant(s) unless the occupant(s) are using deadly force against the officer or another person present, by means other than the vehicle.

• 5. Officers shall not place themselves in the path of a moving vehicle in a manner which may lead to the use of deadly force. If a confrontation with a moving vehicle does occur, officers shall move out of the path of the vehicle."

Requires Comprehensive Reporting:

Are all uses of force required to be reported, including the pointing of a firearm at a civilian?

Pointing a weapon at a civilian is not required to be reported.

Requires Exhaust All Other Means Before Shooting:

Are officers required to exhaust all other reasonable alternatives before resorting to deadly force?

Officers not required to exhaust other reasonable means before resorting to deadly force.

"Under no circumstances will the force used by an officer be greater than necessary to make an arrest or a detention or to protect oneself or another, nor will the force be used longer than necessary to subdue the suspect, and deadly force shall not be used except as specifically provided in this directive."

The use of deadly force is authorized only when it is necessary for officers to protect themselves or others from an immediate threat of death or serious bodily injury.”

Has Use of Force Continuum:

Is a Force Continuum or Matrix included in the Policy, defining the types of force/weapons that can be used to respond to specific types of resistance?

Yes.

- - - - - - - - - -

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#1. To: all (#0)

Who the hell is nolu chan ???

I suspect he/it is just another iteration of gatlin, with a separate ISP.

Maybe not, but sure looks similar to me !!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

"No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson "

People that say money can't buy you happiness, have never paid an adoption fee

Stoner  posted on  2019-10-28   12:22:47 ET  Reply   Trace   Private Reply  


#2. To: Stoner (#1) (Edited)

Who the hell is nolu chan ???

I suspect he/it is just another iteration of gatlin, with a separate ISP.

nolu sham has been posting his same reprehensible defense of so-called "officer" Dean, the cop who murdered Atatiana Jefferson on numerous other threads, while she was defending her home, despite his bullshit being shot down at every opportunity.The cops were there because a neighbor reported a door being open and asked for a wellness check. The cops ignored the neighbor's request and changed it to an open residence call.

Dean was prowling in her backyard and did NOT identify himself as a cop, and shot Ms Jefferson less than a second and a half after telling her to put her hands up. In fact Dean never even finished with the command before he opened fire.

nolu and whitey are the only two people in the world defending this POS.

Dean resigned before he could be arrested, likely did not see a gun, his partner was right there and DID NOT see a gun (he was pointing as flashlight into a closed window) - from the video it's apparent that with the reflection from the glass he could not see a damn thing. He's charged with murder - nolu and whitey are delusionally claiming it was self-defense.

The police chief and law enforcement experts have said that Dean screwed up big time, but nolu insists on posting his flawed logic in order to try and convince everyone that Dean is a saint and should be worshiped as such, just as Gatlin would - typical of the canary clan here at LF.

This self-penned screed and the long-winded claim of legal justification is just showing his desperation. According to nolu and whitey, a homeowner needs to politely ask any intruder if they are a cop before actually defending their home.

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-10-28   14:04:19 ET  Reply   Trace   Private Reply  


#3. To: nolu chan (#0)

A jury will decide whether what Dean did was legal or not.

Vicomte13  posted on  2019-10-28   15:36:07 ET  Reply   Trace   Private Reply  


#4. To: Vicomte13 (#3)

A jury will decide whether what Dean did was legal or not.

Perhaps, but perhaps not.

About the only contestable facts would be what occurred on the phone call from the dispatcher to the responding officers, what the officers did at the scene, and what is contained in the relevant policy directives. The uninformed noise of the anarcho-libertarian hive collective on this site is irrelevant.

The contestable facts are covered by video, audio, and documentary records.

The defense could well stipulate the facts, waive a jury, and go with a bench trial to determine guilt or innocence based on application of the law to the stipulated facts.

As in Morales (9th Cir., 2017) infra, "The question is whether every reasonable officer under those same circumstances would believe that there was no reasonable basis for the arrest."

Kisela (S. Ct. 2018) infra makes clear how difficult it will be to obtain a conviction, the uninformed noise from the anarcho-libertarian hive collective notwithstanding.

While qualified immunity directly applies only to civil cases, a similar standard appears to be inferred by the Fort Worth PD Use of Force policy regarding a subject with a firearm.

Where a court finds an officer had qualified immunity, by necessity it finds that the officer's acts did not constitute a crime. Qualified immunity cannot attach to an act held to be criminal.

https://www.supremecourt.gov/opinions/17pdf/17-467_bqm1.pdf

In Kisela v. Hughes, 17-467, 554 U.S. ___ (2 Apr 2018) per curiam Sotomayor J, joined by Ginsburg, J, dissenting, The U.S. Supreme Court overturned a 9th Circuit opinion and stated,

At 5-7 (slip op)

Where constitutional guidelines seem inapplicable or too remote, it does not suffice for a court simply to state that an officer may not use unreasonable and excessive force, deny quali­fied immunity, and then remit the case for a trial on the question of reasonableness. An officer “cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in the defendant’s shoes would have understood that he was violating it.” Plumhoff v. Rickard, 572 U. S. ___, ___ (2014) (slip op., at 12). That is a necessary part of the qualified-immunity standard, and it is a part of the standard that the Court of Appeals here failed to imple­ment in a correct way.

Kisela says he shot Hughes because, although the offic­ers themselves were in no apparent danger, he believed she was a threat to Chadwick. Kisela had mere seconds to assess the potential danger to Chadwick. He was con­fronted with a woman who had just been seen hacking atree with a large kitchen knife and whose behavior was erratic enough to cause a concerned bystander to call 911 and then flag down Kisela and Garcia. Kisela was sepa­rated from Hughes and Chadwick by a chain-link fence; Hughes had moved to within a few feet of Chadwick; and she failed to acknowledge at least two commands to drop the knife. Those commands were loud enough that Chad­wick, who was standing next to Hughes, heard them. This is far from an obvious case in which any competent officer would have known that shooting Hughes to protect Chad­wick would violate the Fourth Amendment.

The Court of Appeals made additional errors in conclud­ing that its own precedent clearly established that Kisela used excessive force. To begin with, “even if a controlling circuit precedent could constitute clearly established law in these circumstances, it does not do so here.” Sheehan, supra, at ___ (slip op., at 13). In fact, the most analogous Circuit precedent favors Kisela. See Blanford v. Sacramento County, 406 F. 3d 1110 (CA9 2005). In Blanford, the police responded to a report that a man was walking through a residential neighborhood carrying a sword and acting in an erratic manner. Id., at 1112. There, as here, the police shot the man after he refused their commands to drop his weapon (there, as here, the man might not have heard the commands). Id., at 1113. There, as here, the police believed (perhaps mistakenly), that the man posed an immediate threat to others. Ibid. There, the Court of Appeals determined that the use of deadly force did not violate the Fourth Amendment. Id., at 1119. Based on that decision, a reasonable officer could have believed the same thing was true in the instant case.

The U.S. Supreme Court concluded by commenting on the 9th Circuit's attempt to rely on Harris, better known as the Ruby Ridge case.

The panel’s reliance on Harrisdoes not pass the straight-face test.” 862 F. 3d, at 797 (opinion of Ikuta, J.). In Harris, the Court of Appeals determined that an FBI sniper, who was positioned safely on a hilltop, used exces­sive force when he shot a man in the back while the man was retreating to a cabin during what has been referred to as the Ruby Ridge standoff. 126 F. 3d, at 1202–1203. Suffice it to say, a reasonable police officer could miss the connection between the situation confronting the sniper at Ruby Ridge and the situation confronting Kisela in Hughes’ front yard.

For these reasons, the petition for certiorari is granted; the judgment of the Court of Appeals is reversed; and the case is remanded for further proceedings consistent with this opinion.

- - - - - - - - - -

https://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/16/14-35944.pdf

Morales v Fry et al, 14-35944 (9th Cir, 16 Oct 2017)

Footnotes at 9-10:

3 In its entirety, Jury Instruction No. 20 stated:

This instruction relates to Plaintiff’s federal law claim for unlawful arrest against Defendant Sonya Fry.

Defendant Fry contends that her arrest of Plaintiff was justified by her reasonable belief that this action was permitted or required and, therefore, lawful. If Defendant Fry reasonably believed that probable cause existed to arrest Plaintiff, and acted on the basis of that belief, then her reasonable belief would constitute a complete defense to the Plaintiff’s claim even if, in fact, the arrest was not lawful. Put another way, even if you find that Defendant Fry violated Plaintiff’s constitutional rights by unlawfully arresting her, Defendant Fry cannot be liable if she reasonably believed at the time she acted that her actions were in accordance with the law. But keep in mind that this reasonableness inquiry is an objective one. The question is whether every reasonable officer under those same circumstances would believe that there was no reasonable basis for the arrest.

4 Jury Instruction No. 21 stated in almost identical terms:

This instruction relates to Plaintiff’s federal law claim for excessive force against Defendants Sonya Fry and Brian Rees.

Defendants Fry and Rees contend that their use of force on Plaintiff was justified by their reasonable beliefs that their actions were permitted or required and, therefore, lawful. If the officers reasonably believed that the force used was lawful, and acted on the basis of that belief, then their reasonable beliefs would constitute a complete defense to the Plaintiff’s claim even if, in fact, the force was not lawful. Put another way, even if you find that Defendants Fry or Rees violated Plaintiff’s constitutional rights by using excessive force, Defendants cannot be liable if they reasonably believed at the time they acted that their actions were in accordance with the law. But keep in mind that this reasonableness inquiry is an objective one. The question is whether every reasonable officer under those same circumstances would believe that the use of force was unlawful.

nolu chan  posted on  2019-10-30   13:42:53 ET  Reply   Trace   Private Reply  


#5. To: nolu chan (#4)

We'll see about that.

The legal process is never free from politics in high-profile cases.

Vicomte13  posted on  2019-10-31   9:10:21 ET  Reply   Trace   Private Reply  


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