LAPD Completes Review of Venice Beach Use of Force

 Los Angeles: Los Angeles Police Department, First Assistant Chief Jim McDonnell today announced that the Department has completed its review of a complaint investigation involving a non-categorical use of force arrest that occurred on February 8, 2005, at Venice Beach.

Thirty year-old Benjamin Barker was arrested after store owners on Ocean Front Walk called 9-1-1 and reported that Barker had attacked a store owner and was spitting on patrons and challenging them to fight. After handcuffing Barker, officers tried to put him in the back of a police car.  At one point Barker spit on an officer who then used Oleoresin Capsicum (OC) spray on Barker.

A person who witnessed the arrest captured it on videotape.  The tape was given to the Consent Decree Independent Monitor.  On August 17, 2005, a copy was sent to Chief William Bratton for his review and to initiate an administrative complaint investigation.  Today Chief McDonnell announced the Department has completed its investigation.

The Department is unable to disclose further information concerning the investigation due to State laws restricting the release of information related to confidential personnel investigations.

Chief Bratton has completed a separate review of Department policies and guidelines as it relates to the use of OC spray and has concluded no changes need to be made.  "OC spray is a highly effective non-lethal tool that is necessary for officers to use when trying to de-escalate a confrontation with an uncooperative and or combative suspect," said Chief Bratton.

Questions can be referred to Media Relations Section at 213-485-3586.

Comments

[George]

So if handcuffed and in custody seated in the back of a cruiser yelling, screaming and spitting spray'em down and shut the door....Correct???

[LAPDfan]

I hope Chief Bratton recognizes that the Officer and the Sgt did nothing wrong, other than being solid law enforcement agents.

Hopefully the good Sgt Barrus will redeem his name after Constance Rice dragged it through the mud in the LA Times.

Shame on her; when was the last time she had to deal with a psycho, druggie cop-hater degenerate?

Chief Bratton, stand up for your men and they will do double the work for you!

[Loves LA LEOs]

Well George, if you are detained, questioned, or arrested by law enforcement, and you surrender, shut up, and follow directions, you will never know. And yes, I said shut up, because even your lawyer would tell you that. And just in case no one told you, spitting is a very disgusting, potentially dangerous form of assault.

[Rich]

I'm glad to see that Chief Bratton reviewed the Use of Force policy as it relates to OC Spray and found no need for changes. However, I think people should be reminded that the Chief of police does not and never has set any policy for the police department. All policies are set by the Police Commission which is made up of civilian advisors including civil rights attorneys.

Finally, it would be ridiculous to change any policy because one individual did not comply with it.

[Alan Marchione]

As being former law enforcement, I am concerned with this case... At times, there may be a misunderstanding on the use of force policies, such as being "unnecessary" or "unreasonable." Administering OC Pepper spray, which is quite painful, to an individual in handcuffs, who is not provided proper decontamination or medical assistance exuded conduct unbecoming of the public trust. It would seem that all too often, law enforcement agencies conveniently find themselves not at fualt in their own internal investigations. The officer should have shown better judgement.

[trenches]

George,

Yep pretty much.......Sounds goo to me!!!!

[Jhon Doe p-2]

For whats it's worth, all LAPD police officers THEMSELVES are sprayed with OC spray in the academy. This way they can testify first hand to it's effects. And not only are they sprayed, they are also tasered as well!!! In addition, we officers are allowed to spray OC on an "uncooperative suspect". These officers are FREE AND CLEAR in my eyes......UNLESS they ordered the suspect TO spit on them prior to sraying!?!?!

[citizenx]

George,

You said that "if handcuffed and in custody seated in the back of a cruiser yelling, screaming and spitting spray'em down and shut the door....Correct???

Sometimes you have to protect the suspects from hurting themselves.

And I am happy Chief Bratton isn't going to criticize the OC use as the flashlight and any other things that is useful for law enforcement.