Notice of complaint related to 2022-1098

DATE OF CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
December 2, 2022
ICMS #: 2022-1098
On December 2, 2022, the OPO received an email complaint.
The complainant alleges: I am writing
to express my sincere concern with
the body/security camera footage released
in relation to the officer involved
shooting of
Firstly, I would like to make it clear that I am not a person who has any general disdain for
police officers or police departments. Police officers serve important roles in society and
are a necessary part of our justice system. I recognize that the shifting attitudes of the
American public towards the police has led to cratering morale and difficulties with staffing
in police forces across this country. I would argue that the citizens, in general, are worse
off for it, despite the loud opinions of a few to the contrary. I always make it a point to
watch footage that APD releases in regards to officer-involved shootings, as I want to form
an unbiased opinion of how my local police department is choosing to use deadly force in
our city. I had never come across a single video released by APD in which I felt deadly
force was used unnecessarily until
The video released by APD
clearly shows that the officer who shot
was negligent and not justified in firing his rifle multiple times, which
ultimately led to the death of
.
I"ve listed out bullet points below detailing the issues
in regards to this specific shooting.
The officer never verbally identifies himself as law enforcement. The police
vehicles that arrive do not have lights or sirens activated.
OF
GIVE
SUBMIT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
It does not appear that the rifle
was holding was ever pointed, even remotely,
in the direction of any law enforcement officer on scene. It also did not appear that
ever made an attempt to take cover or flee back into the residence.
The officer fires his weapon prior to even finishing the command he was issuing to
to drop his weapon. It also appears
drops the weapon after the initial bullet
strikes him - despite this, the officer continues to fire several additional rounds.
Given the above issues, I am not sure how APD could possibly argue this to be a justified
and necessary use of deadly force. Ultimately, there was no clear and present danger to any
officer or other civilians prior to the officer choosing to discharge his weapon at the subject.
Furthermore, the officer made no attempt to identify himself as a law enforcement officer
and gave the subject no chance for compliance before firing his rifle.
Maybe somewhat counterintuitively, I believe this case offers APD a huge opportunity to
gain back some of the public"s trust in them. Most of the public does not want a defunded
police force, less officers on patrol, or canceled/paused cadet classes. What most of the
public wants is for the police force to hold officers accountable when they deploy
unnecessary and unjustified deadly force. The public has grown tiresome and suspicious
because police forces, including APD, back the officers in 100% of cases, even when the
officer was clearly in the wrong.
I don"t doubt that the officer who shot and killed
is a good person and a good officer.
I don"t believe that he shot
with malice or with ill will. Being in his situation must
be stressful and important decisions have to be made quickly. However, the decision he
made in this instance was a poor one and he must be held accountable for that decision. I
sincerely hope that APD chooses to participate in this accountability - it would go a very
long way in regaining the public"s respect.
DAY OF SUBTOT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
If you wish to discuss my concerns further, please feel free to reply to this email or you
can also contact me at
.
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.