TROTWOOD REDDEN

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Internal Affairs Investigation2007-IA-022

Executive Summary

To: Mike Etter, Public Safety Director

From: Major Quincy E. Pope Sr., M.P.A, CLEE

Subject: Internal Affairs Investigation

Date: December 24, 2007

Sir:

Pursuant to your request, I conducted an internal investigation into the facts and circumstances surrounding the incident that occurred on November 18, 2007, involving Ms. Valreca Redden. You will recall, On November 21, 2007, our department received a formal complaint from the National Action Network affiliated with the Reverend Al Sharpton that complained about Ms. Redden being the victim of excessive force, verbal abuse, and that Ms. Redden was denied help under the Ohio Safe Havens Act.

I would first like to address the issue of the Ohio Safe Havens Act as it pertains to this particular incident, because Ms. Redden’s situation is not applicable to the Ohio Safe Havens Act. The Ohio Safe Havens Act states the following:

1A parent can leave a newborn infant that has been born less than 72 hours with

A medical worker in a hospital; A medical worker at a fire department or other emergency service organization;

or A peace officer at a law enforcement agency.

In this particular situation, the child in question is 1 year of age.

Concerning the allegation that Ms. Redden was the victim of excessive force and verbal abuse, the following will provide a comprehensive overview of my findings:

1 http://jfs.ohio.gov/safehavens/

TROTWOOD POLICE DEPARTMENT

3035 Olive Rd.Trotwood, Ohio 45426

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2The central issue in physical force cases is whether an officer action is objectively reasonable in light of the facts and circumstances at the time of the incident. Generally, when law enforcement have used excessive force-deadly or not-in the course of an arrest, investigatory stop, or other “seizure” of a free citizen it should be analyzed under the “reasonableness approach.”

In order to determine whether a particular application of force is reasonable, there has to be a careful review of the case-specific facts. In this particular case, the facts are:

On November 18, 2007, during the early morning hours, Valreca Redden drove her one-year-old child to Montgomery County Children Services, located at 3403 North Main Street, located in the City of Dayton. Ms. Redden attempted to leave her one-year-old child in the care and custody of Children Services under the Ohio Safe Haven Act. However, Ms. Redden’s situation did not qualify, because the Safe Haven Act only applies to babies born within the first 72 hours. Therefore, intake workers at Children Services attempted to gain additional information from Ms. Redden like her child’s name, date of birth, biological father, medical history, and other pertinent information to set up a safety/placement plan for Ms. Redden’s child. However, Ms. Redden refused to provide any information and demanded someone take custody of her child.

During the course of conversation with intake workers at Children Services, Ms. Redden became increasingly agitated and upset when asked for identification information, and decided to leave with her child. Furthermore, Intake workers were unable to formulate a safety/placement plan, because Ms. Redden refused to cooperate and fled the premises with her child.

It is important to note: Intake workers at Children Services do not have the authority to detain and/or physically arrest.

When Ms. Redden fled the premises at Children Services, she responded to 816 Burman Avenue, located in the City of Trotwood. This location is where Mr. Maurice Cooper resides. Mr. Cooper is the biological father of Ms. Redden’s one-year-old child, as well as, the unborn child that Ms. Redden is currently carrying.

Upon arrival at 816 Burman Avenue, Ms. Redden made contact with Mr. Cooper and became upset with him, because he would not take possession of their child. Therefore, she attempted to commit an Aggravated Assault on Mr. Cooper by trying to run him over in her vehicle. Mr. Cooper was able to avoid being struck by Ms. Redden’s vehicle and immediately called 911 to report the incident to police. For more information on the 911 call from Mr. Cooper, please refer to the enclosed copy of the dispatch logs and the 911 tape from 816 Burman Avenue on November 18, 2007.

9 minutes after Ms. Redden attempted to run Mr. Cooper over with her vehicle, she arrived at the Trotwood Police Department. Upon her arrival at the police department, 2 Graham v. Connor, 490 U.S. 386 (1989)

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Ms. Redden utilized the dispatch telephone located in the lobby of the police department to request police service. Ms. Redden waited for about 7 minutes, before Office Wilmer arrived on the scene. When Officer Wilmer arrived, he and Ms. Redden engaged in discussion about her wanting to turn her child over to police custody. Ms. Redden refused to provide her name, the child’s name, the child’s date of birth and/or the name of the child’s biological father. Furthermore, Ms. Redden explained to Officer Wilmer that if he did not take custody of the child that she did not know what she would do.

Officer Wilmer continued to try to get identification information from Ms. Redden. However, she refused to provide any information about herself and/or the child and became very agitated and upset. At one point during Ms. Redden’s discussions with Officer Wilmer, she tells him that she is going to do something if someone does not take her child, and she began to attempt to leave the police department with the child.

Officer Wilmer had a split second to make a decision and felt he had an obligation to act and/or investigate the matter further, because of the statements Ms. Redden made to him about doing something if someone did not take possession of her child. Officer Wilmer states he feared for the safety of the child and needed more information from Ms. Redden in order to determine what course of action to take with the child. As a result of Ms. Redden’s refusal to cooperate with Officer Wilmer and provide identification on herself and the child, as well as for the safety of the child, Officer Wilmer verbally advised Ms. Redden that she was under arrest.

At the point that Officer Wilmer verbally communicated to Valreca Redden that she was under arrest, Ms. Redden had an obligation to obey all lawful orders from this point, because she was physically in-custody and was not free to go. Therefore, when Valreca Redden tried to break free from Officer Wilmer’s grasp and continued to attempt to get away, a reasonable officer could well have chosen to use escalated non-lethal force. The only non-lethal choices known at this time not involving a firearm are: (1) physically subduing Ms. Redden by engaging her (ex. striking with fists-grappling); (2) striking her with weapons such as a asp; (3) using a chemical agent such as pepper spray or: (4) apply an electric device such as a Taser device.

In a news interview on November 19, 2007, with Fox News Channel 22, Valreca Redden even states, “ I just remember trying to go this way”. Therefore, she admits to resisting arrest and disobeying Officer Wilmer’s lawful commands at the point he told her she was under arrest. For more information about Valreca Redden’s statements to the press, please refer to the enclosed copy of the interview with Fox News Channel 22. Furthermore, the surveillance video from the police department’s lobby captures Valreca Redden attempting to flee the scene after Officer Wilmer informs her that she was under arrest.

3Departmental policy authorizes as correct and reasonable to utilize the Taser device on an individual that resist arrest and/or pulls away from an Officer and/or refuses to move-dead weight. See level two of the Use of Force Continuum below: 3 Trotwood Police General Orders-Effective January 1, 2006

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USE OF FORCE CONTINUUM

IMPORTANT – The list of officer responses is not intended to be in any specific order, but reflects on the amount of resistance encountered. The officer will choose the necessary response to gain control of the situation based on the departmental policy, his physical capabilities, perception, training and experience.

INDIVIDUAL’S ACTIONS OFFICER’S RESPONSE

Weapons Used Against OfficerAttempting to Disarm OfficerLife Threatening Weaponless Assaults

DEADLY FORCE

Striking or Kicking Officer BATON TECHNIQUES

Wrestling With OfficerPushing Officer

STRIKING STRUCTURAL AREASSTRIKING MOTOR POINTS ORBATON RESTRAINTS

Pulling away from OfficerRefusing to Move – Dead Weight

CHEMICAL SPRAYS ELECTRICAL DEVICES-TASERTAKE DOWNJOINT MANIPULATION,PRESSURE POINT CONTROLS

Not Responding to CommandsVerbal or Physical Danger Cues

BALANCE DISPLACEMENTESCORT POSITIONASSISTANCE FROM OTHER OFFICERSVERBAL OR PHYSICAL COMMANDSOFFICER PRESENCE

OFFICER/SUBJECT FACTORS SPECIAL CIRCUMSTANCES1. Age 1. Closeness of Weapon2. Sex 2. Injury or Exhaustion3. Size 3. Being on the Ground4. Skill Level 4. Distance from the Subject5. Multiple Subjects/Officers 5. Special Knowledge6. Relative Strength 6. Availability of Other Options

Where Officer Wilmer committed an error in judgment is when he intentionally Tasered Valreca Redden in the neck region. The neck should have been avoided unless the resistance level of Valreca Redden necessitated this high level of response. The neck region should only be targeted when officers are defending themselves or others from violent attacks.

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Officers that are certified in the use of the Taser and that participate in the advance Taser familiarization course are trained the neck region is an highly effective region for compliance. However, Officers are also trained to only target this area when they are defending themselves or others from violent attacks.

In this particular instance, video surveillance coverage of the incident shows Officer Wilmer was clearly in a position that he could have utilized his Taser on Ms. Redden’s thighs and/or lower region, rather than her neck. However, Officer Wilmer chose the neck region, even though Valreca Redden offered no violent resistance toward him or others. Therefore, I find Officer Wilmer’s choice to apply the Taser to Ms. Redden neck region as improper and in violation of the following departmental policies:

Trotwood Police Department General Orders (103-B)

Use of Less Than Lethal Force

When an officer uses force, it must be reflective of the amount of resistance given by the person.

Trotwood Police Department General Orders (307-1)

Knowledge of Laws, Ordinances, General orders, Policy

Unless otherwise provided, all members are required to establish and maintain a working knowledge of the laws of the State of Ohio, laws and ordinances of the City of Trotwood, and the General Orders, policies, and regulations of the Trotwood Police Department and the City of Trotwood.


General Offense, that is

Commits any neglect or disorder, though not specifically mentioned herein, which is to the prejudice of good order and discipline in the Department, impairs the efficiency of the Department, is in violation of any federal, state, municipal, county, law or ordinance, or is of a nature to bring discredit upon the Department.


Mission Statement or Core Values, that is,

Fails to abide by the Mission Statement or Core Values of the Trotwood Police Department.

It is also important to note. At no time during Valreca Redden’s initial contact with Officer Wilmer and/or any other officers at the scene, did she disclose that she was pregnant. Ms. Redden was wearing a large black coat and it was not apparent visibly that she was pregnant. This is very important, because police officers deal with facts and circumstances known to them at the time to make very critical decisions. In this particular instance, the fact that Valreca Redden was pregnant and/or not pregnant had no bearing

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on Officer Wilmer’s decision to use force, because he had no knowledge as to whether or not Valreca Redden was pregnant or not pregnant.

In addition to the above, this investigation uncovered several other departmental policy infractions. They are:

Officer Wilmer violated departmental policy when he failed to ensure a medic respond to the scene to evaluate Ms. Redden after the Taser was deployed on her person. This is improper and in violation of the following departmental policies:

Trotwood Police Department General Orders (103-H)

Medical Aid After Use of Force

After deployment of a Taser, a request shall be made to the Trotwood Fire Department for medical personnel. If the opinion of the Trotwood Fire Department, is further medical treatment is required, the person shall be transported to a hospital.


Knowledge of Laws, Ordinances, General Orders, Policy








Officer Wilmer violated departmental policy when he operated his police cruiser at 120mph without due caution and safeguard for the public. This is improper and in violation of the following departmental policies:

Trotwood Police Department General Orders (502)

Vehicle Operations

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When engaged in emergency operations, the operator of a police vehicle shall drive with due regard for the safety of all persons and property upon the roadway.Trotwood Police Department General Orders (307-1)


Unless otherwise provided, all members are required to establish and maintain a working knowledge of the laws of the State of Ohio, Laws and Ordinances of the City of Trotwood, and the General Orders, Policies, and Regulations of the Trotwood Police Department and the City of Trotwood.





Mission Statement or Core Values, that is


Sergeant Richard Wright violated departmental policy when he failed to ensure a medic respond to the scene to evaluate Ms. Redden after the Taser was deployed on her person. This is improper and in violation of the following departmental policies:


Failure to Exercise Supervisory Responsibility, that is,

Any member supervising any other person or persons subject to these orders, and willfully or through neglect, fails to ensure compliance by such subordinates with all federal and state laws, county and municipal ordinances, the provisions of this code of conduct and all Department Orders, rules, and regulations applicable to such subordinate

Trotwood Police Department General Orders (103-H)

Medical Aid After Use of Force

After deployment of a Taser, a request shall be made to the Trotwood Fire Department for medical personnel. If the opinion of the Trotwood Fire Department, is further medical treatment is required, the person shall be transported to a hospital.


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Sergeant Richard Wright violated departmental policy when he failed to ensure that photographs were taken of the impact sites where Valreca Redden was Tasered in the neck. This is improperand in violation of the following departmental policies:


Failure to Exercise Supervisory Responsibility, that is,

Any member supervising any other person or persons subject to these orders, and willfully or through neglect, fails to ensure compliance by such subordinates with all federal and state laws, county and municipal ordinances, the provisions of this code of conduct and all Department Orders, rules, and regulations applicable to such subordinate

Trotwood Police Department General Orders (103-I)


Digital photos will be taken of the probe impact sites, if possible, along with any other related injuries.Trotwood Police Department General Orders (307-36)




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Officer Wilmer violated departmental policy when he failed to ensure that photographs were taken of the impact sites where Valreca Redden was Tasered in the neck. This is improper and in violation of the following departmental policies:

Trotwood Police Department General Orders (103-I)


Digital photos will be taken of the probe impact sites, if possible, along with any other related injuries.










Officer Wilmer violated departmental policy when he documented inaccurate information on the Taser sign-in and out log, as well as his offense report, when he documented that he signed out Taser X00243056 regarding the Taser utilized on Valreca Redden. This was not plausible when Officer Roy McGill provided the Taser utilized on Valreca Redden to him. This is improper and in violation of the following departmental policies:

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False Official Statements, that is,

Knowingly signs any false, misleading, or inaccurate police report, record, return, regulation, order, or other official document.

Knowingly makes any other false, misleading, or inaccurate official statement.










Officer Wilmer violated departmental policy when he disseminated photographs of evidence in an on-going Trotwood Police Department criminal case on his Myspace website account. This is improper and in violation of the following departmental policies:

Trotwood Police Department General Orders (307-10A)

Breach of Confidence, that is,

Divulges, reveals or communicates in any manner whatever any information concerning any matter of official interest to the Department acquired or received and to be kept in a confidential manner, to any person not authorized to acquire or receive such information.

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Officer Wilmer violated departmental policy when he photographed himself operating a city vehicle at 120mph. This is improper and in violation of the following departmental policies:







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Officer Wilmer violated departmental policy when he disseminated unprofessional Mobile Data Terminal (MDT) messages from his police cruiser. This is improper and in violation of the following departmental policies:










Officer Wilmer violated departmental policy when he provided inaccurate information as to when he did actually learn that Valreca Redden was pregnant. This is improper and in violation of the following departmental policies:


False Official Statements, that is,

Knowingly makes any other false, misleading, or inaccurate official statement.

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Officer McGill violated departmental policy when he failed to properly sign-in and out his Taser on the sign-in and out log for November 18, 2007. This is improper and in violation of the following departmental policies:







Sergeant Fred Beck violated departmental policy when he disseminated unprofessional Mobile Data Terminal (MDT) messages from his police cruiser. This is improper and in violation of the following departmental policies:







Officer Thomas Quigley violated departmental policy when he failed to make a written report and/or investigate further the domestic violence complaint at 816 Burman Avenue, where Valreca Redden allegedly attempted to strike the biological father of her child with her vehicle. This is improper and in violation of the following departmental policies:

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Trotwood Police Department General Orders (606-E)

Domestic Violence

An officer who investigates Domestic Violence or an alleged violation of a Protection Order or Consent Agreement shall make a written report of the incident whether or not an arrest is made. The report shall document the officer’s observations, any visible injuries, any weapons at the scene and actions or statements of the parties or witnesses. If an arrest is not made, the officer must articulate in the report a clear and concise statement stating the reason an arrest was not made.









Fails to abide by the Mission Statement or Core Values of the Trotwood

In regard to the allegation that Valreca Redden was verbally abused, I find there is insufficient evidence either to prove or disprove the allegation. There is video surveillance of the incident. However, there is no audio component. It is Ms. Redden’s word against Officer Wilmer’s word. The first officer to arrive on the scene after Officer Wilmer was Officer Roy McGill who did not arrive until 3 minutes after Officer Wilmer and Valreca Redden made contact. Therefore, in light of these circumstances, I find this allegation as: Inconclusive

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Finally, during the course of this investigation, I discovered a couple of Montgomery County Sheriff’s Office dispatchers had engaged in unprofessional Mobile Data Terminal (MDT) messaging with Officer Wilmer. Therefore, Detective Sergeant Erik Wilson and I met with Sheriff’s Office internal affairs personnel and command to communicate what we learned. The Sheriff’s Office is looking into the matter.

TROTWOOD REDDEN

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Transcript of TROTWOOD REDDEN