Tucson Cops Seldom Face Repercussions for Excessive Force Use

Only a small percentage of excessive-force complaints against Tucson police officers in a five-year period were sustained, putting the department within the national average, a review of records shows.

From Jan. 1, 2010, through July 8, 2016, the Tucson Police Department received 186 complaints related to excessive use of force, according to records obtained by the Star.

Of those, seven were found to be valid, resulting in two punishments involving counseling or corrective action, and five officer suspensions. The other 179 complaints were deemed unsubstantiated with the department’s Office of Professional Standards stating officers didn’t violate policy.

The number of complaints varied yearly, ranging from 19 to 42. Complaints involved various uses of force including striking, use of firearms, batons, Tasers, pepper spray, and handcuffing.

“This is pretty normal for the country,” said Robert Taylor, a criminology professor at the University of Texas at Dallas, noting that the department’s 3.8 percent substantiation rate is within the national 2 to 5 percent range.

Taylor mentioned that complaints often come from witnesses who only see part of the incident. “Witnesses who see something from afar are only seeing a quick snapshot,” he explained.

Despite the low substantiation rate, Taylor emphasized the importance of community reporting of perceived excessive force. “I applaud the community for calling the police and reporting concerns, and I applaud the Police Department for investigating those concerns,” he said.

TPD recently updated its use-of-force guidelines and review processes. By August, all officers will report use of force via the IAPro computer program, used nationwide. Immediate on-scene investigations will now be conducted by police supervisors using their department-issued phones for documentation.

Force involving impact weapons and higher levels, except deadly force, will go to a newly formed force review board for evaluation, making the review process more comprehensive and objective.

Captain Paul Sayre of TPD’s Office of Professional Standards mentioned that the perception of excessive force erodes community trust, so robust oversight is essential. “There has to be robust oversight,” Sayre said.

The new force review board will include various departmental and community members to ensure a transparent and objective review of incidents.

Incidents involving deadly force now undergo scrutiny by a critical incident review board, which includes Deputy Chief Chad Kasmar and Captain Erick Kazmierczak. The new board aims to complete reviews in less than six months, a significant reduction compared to the previous six months to a year timeframe.

In an investigation, six areas will be critiqued: policy violations, supervision, tactics, training, equipment, and communication. Results are reviewed by the incident board for a comprehensive critique.

“By the end result, you’re going to have a comprehensive critique with considerable civilian input and independent oversight,” Sayre said, noting the process is more transparent and objective than before.

Recent incidents underline the necessity of this updated approach. For example, in February, an immigration protest in downtown Tucson led to an investigation of two officers, one for using pepper spray. Investigations are ongoing, with no determinations on whether the force used was justified.

The Star obtained investigative summaries for incidents leading to officer suspensions. In 2014, Sgt. Joel Mann was suspended after shoving a University of Arizona student, caught on video. Despite criminal investigation, he faced no prosecution, though the city settled with the victim for $100,000.

In 2013, Officer George Bravo was disciplined for hitting a suspect with his patrol rifle. Despite not resisting arrest, Bravo’s actions violated multiple policies. Supervision in such cases is also scrutinized; for instance, Bravo’s supervisor had his suspension changed to a written reprimand on appeal.

These cases underscore the importance of proper force application, supervision, and transparent review processes in maintaining public trust and accountability.

Contact reporter Caitlin Schmidt at cschmidt@tucson.com or 573-4191.