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Excerpts from the report:(PDF)
“Considering all the available evidence - while recognizing that Kroll
investigators were not able to interview Lieutenant Pike to learn and report on his state of mind at the moment he used the pepper spray - the deployment of pepper spray does not appear to have been an objectively reasonable use of force.”
“Considering all the available evidence - while recognizing that Kroll
investigators were not able to interview Lieutenant Pike to learn and report on his state of mind at the moment he used the pepper spray - the deployment of pepper spray does not appear to have been an objectively reasonable use of force.”
However, as noted previously, Chancellor Katehi failed to express in any meaningful way her expectation that the police operation was to be sharply limited so that no use of force would be employed by police officers other than their demand that the tents be taken down.
F. Lt. Pike Bears Primary Responsibility for the Objectively Unreasonable Decision to Use Pepper Spray on the Students Sitting in a Line and for the Manner in Which the Pepper Spray Was Used
We agree with Kroll’s conclusion that Lieutenant Pike’s use of force in pepper spraying seated protesters was objectively unreasonable.
Some of the officers Kroll interviewed reported their subjective belief that, during the Nov. 18 incident, the crowd was hostile, they were surrounded, and they were at risk of losing their prisoners. On cursory review, the testimonial, photographic, and video evidence showing that in fact a crowd had partially encircled the police and was shouting chants like “If you let them go, we will let you leave” may appear to support that contention. However, a more careful review reveals several facts that conflict with that belief and which the commanders should have known. For instance, there were breaks in the circle around the officers. Where the circle was unbroken, the line was often still only one- or two-people deep, some of whom were seated, and many of whom may have been observers — crowding around to see what would happen — not protesters. Also, the more hostile chants were cut off by the majority of the crowd almost as quickly as they had started. Nor did they appear to reflect an actual intent by the crowd to prevent police from leaving with their prisoners. In fact, it was during one of the “If you let them go, we will let you leave” chants that was able to leave, escorting an arrestee to an awaiting police car by simply walking him straight through the crowd, without incident or force escalation. then returned and escorted another arrestee out through the crowd, again without incident. Both of the ranking officers in charge of the operation, Lt. Pike and were also able to move through the crowd freely, stepping over seated protesters on at least three occasions and just minutes before Lt. Pike sprayed those same protesters with pepper spray. Nor did Kroll identify objective evidence of any attempt by a protester to use violence. We agree with Kroll: onbalance, the evidence does not provide an objective, factual basis for Lt. Pike’s purported belief that he was trapped, that any of his officers were trapped, or that the safety of their arrestees was at issue.
Lt. Pike is also responsible for the specific pepper spray weapon he used, the MK-9, and the manner in which he used it. The MK-9 is not an authorized weapon under UCDPD guidelines. UCDPD officers were not trained in how to use it correctly. And Lt. Pike did not use it correctly. The MK-9 is a higher pressure type of pepper spray than what officers normally carry on their utility belts (MK-4). It is designed for crowd dispersal rather than field applications and “[t]he recommended minimum distance for . . .application of the MK-9 is six feet.” Lt. Pike appeared to be spraying protesters at a much closer distance than 6 feet.
3:36 PM PT: Panel filing in.
3:37 PM PT: Preliminary speaking.
3:37 PM PT: Indroductions.
3:41 PM PT: Reynoso author of the report is speaking.
3:47 PM PT: Responsibility was not accepted by the college leadership.
3:49 PM PT: Those making decisions used inaccurate information (Fox News) to come to those decisions.
3:50 PM PT: Conduct of the police has serious faults. What plans that were made was not followed.
3:51 PM PT: No reason to use pepperspray.
3:54 PM PT: Individual responsibilities and recommendations- Develop a plan on how to deal with civil disobedience. Make plans flexible. Make actionable persons responsible.
3:56 PM PT: Sworn officers have a great responsibility. Arrests were not justified.
3:57 PM PT: UC police need special training
3:58 PM PT: Inter-agencies policies need to be clarified.
3:59 PM PT: Police bill of rights needs review as it does not serve the community.
4:00 PM PT: Good on them for fighting the excessive redaction's of the report just used to hide embarrassment.
4:00 PM PT: Q&A open
4:01 PM PT: Davis resident: Visited UC police station- Police were not truthful to him.
4:02 PM PT: The police lied to protect themselves
4:04 PM PT: Police have a bunker mentality.
4:06 PM PT: One of those arrested has questions about misconduct by police toward arrests in the police station.
4:07 PM PT: Discussion of unauthorized pepperspray. How did police get it? Do they have other weapons that are not authorized?
4:10 PM PT: One of those peppersprayed and was charged with protesting. Raises the fact chemical weapons are against Geneva Convention-So why to we have military grade pepperspray?
4:11 PM PT: Why are protesters still being harassed and threatened by police and university administration?
4:14 PM PT: Recommendation for police-Needs to be a complete review of police department to correct illegal actions.
4:17 PM PT: Questions about the fact that police make more money than tenured professors.
4:24 PM PT: Marine Veteran is questioning the use of OC spray when he was forbidden to do the same to actual violent protesters. UCPD disgust him.
4:31 PM PT: Speaker wants to clarify that this is not an isolated incident but a pattern of abuse and overreach by the police on multiple levels.
4:38 PM PT: Question on how effective will this report be in ensuring actual change.
4:41 PM PT: And we have our first Right Winger I will paraphrase, whine, whine ,whine, money, whine, the bank got closed whahhhhh!
4:48 PM PT: Questioner wonders if police are willfully ignorant of the problems they are causing.
How do we get them to change if they are in denial?
4:55 PM PT: Very angry commenter states the university is broken.
4:59 PM PT: Why is the school not accountable? Why are the police not accountable for their criminal actions against students?
5:01 PM PT: The Chancellor is not going to be dismissed due to the pepper spray incident.
5:04 PM PT: Commenter questions the university's policy of charging protesters with a crime.
5:05 PM PT: Conference concludes.