POLICE Magazine

JUN 2019

Magazine for police and law enforcement

Issue link: https://policemag.epubxp.com/i/1129771

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Page 48 of 124

46 POLICE JUNE 2019 lar case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safe- ty of the officers or others, and wheth- er he is actively resisting arrest or at- tempting to evade arrest by flight. • e "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. RASCON V. BROOKINS T urning to the arrest-relat- ed death case that was de- cided by a jury in Phoenix a few months ago (Rascon v. Brookins), consider the situation that was faced by the four officers who were sued. Late at night a lone male suspect entered a pharmacy and harassed the staff. ey told him to leave, and they locked the door. In the parking lot, the suspect was verbally aggressive with shoppers. Calls were made to 911. e suspect went out into the street and jumped in the back of a pick-up truck. e truck took off, and the suspect fell out. e suspect walked to a residential neighborhood and scared a woman and her child. e suspect ran down a four- lane highway screaming that he had been shot. Two Phoenix Police Department offi- cers arrived, called for paramedics, and DIAL IT IN HS503 R H O L O S U N . C O M HS403 R • Rotary Dial Brightness Control • Up to a 100,000 Hour Battery Life • Parallax Free & Unlimited Eye Relief • IP67 Certified Waterproof • 2 MOA DOT • Multi-Function Rotary Dial • Up to a 100,000 Hour Battery Life* • Parallax Free & Unlimited Eye Relief • IP67 Certified Waterproof • Multi-Reticle System™ (MRS): 65 MOA Circle & 2 MOA Dot; 2 MOA Dot *Dot Reticle Only N E W F O R 2 0 1 9 J TACTICS AND TRAINING tried to talk to the suspect, who was now lying down in the traffic lane. When the suspect refused to come out of traffic and was speaking nonsense, the offi- cers grabbed him by his shoulders and pulled him to the sidewalk and tried to keep him calm. Two more officers arrived. e sweaty suspect rolled away, quickly stood up, and swung his fist at one of- ficer's head (missing), and the effort to handcuff him began. Officers tried to control him as he kicked and resisted handcuffing. He performed a push-up, got away from the four officers, and a TASER was used in probe mode. But the probes lodged only two inches apart in the upper chest, so there was no incapacitation. e suspect ran down the street and was tackled by one of the officers. e TASER was activated again, and the trigger was held down for an extended but ineffective cycle. One officer kneed the suspect twice in the rib cage as the suspect continued kicking at the offi- cers. Another held his knee against the side of the suspect's head. e suspect was finally handcuffed and attended by paramedics. He died at the hospital. At autopsy it was deter- mined that the subject died as a result of struggle with the police and acute methamphetamine and alcohol intoxi- cation. After days of testimony, the jury quickly found in favor of the officers. PHOTO : GET T Y IMAGES

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