Port Washington Police Revise, Publish Use-Of-Force Policy

PORT WASHINGTON, NY — The Port Washington Police District published its internal use-of-force policy on its website amid nationwide anti-police brutality protests and Black Lives Matter marches.

The document, published Aug. 4, the same day Tropical Storm Isaias struck Long Island, includes policies and procedures for when officers can use force and, if necessary, lethal force. Guidelines in the policy include uses of force such as shooting at moving vehicles, applying "pain compliance techniques," using a carotid control hold, deploying tear gas and stun guns, and shooting pepper bullets.

The police district initially declined to share the policy, but did so following a Patch public records request. Robert Del Muro, chief of the department, told Patch in an email the policy was not on the website because it was recently overhauled and completed only a week prior to publishing. The person responsible for publishing the policy is outside the district, he said.

The district's own policy said the document must be "readily available to the public upon request and shall be posted on the department website." It cites an executive law mandating the policy "shall be a public document, and shall be made available without charge to any member of the public promptly upon request."

"Each such current use of force policy shall be conspicuously posted on the public website of the agency that adopted it," the law said. "Revisions to such use of force policies shall be updated on the agency's public website within seventy-two hours of approval of any amendment."

A Focus On Use Of Force — And Deadly Force

National attention has been brought to use of force following the death of George Floyd, who died after a Minneapolis police officer held his knee over Floyd's neck for 8 minutes and 46 seconds. In video that sent shockwaves through the nation, Floyd cries for help, saying "I can't breathe," the same phrase uttered in 2014 by Eric Garner, who died after a police officer placed his arm across Garner's neck and pulled him to the ground while other officers handcuffed him.

Protesters have repeated the phrase in demonstrations nationwide, including on Long Island and in New York City. Several demonstrations were held in Port Washington, including one where hundreds marched on Main Street from the Long Island Rail Road Station to the Town Dock and back.

In many cities, police have used tear gas, pepper spray, pepper bullets and more on protesters. Police departments have been criticized over tactics that appeared to escalate a situation, rather than deescalate.

There did not appear to be such trouble in Port Washington, but that isn't the case elsewhere in the state. In East Meadow, video showed a police officer walking in front of a protester and abruptly stop. The two bump into one another, and police wrestle the man to the ground, ultimately handcuffing him on the pavement. In New York City, the NYPD suspended two officers without pay in June following "troubling incidents" where peaceful protesters were violently shoved to the ground and pepper-sprayed.

Broad criticisms of perceived police brutality led Gov. Andrew Cuomo to order all of the state's 500 police departments to "reimagine" themselves. In June, the governor signed an executive order requiring local police agencies to develop a plan that reinvents and modernizes police strategies and programs. The departments must integrate community input and the reform plan must address policies, procedures, practices and deployment, including, use of force. All departments must adopt a reform plan by April 1. Cuomo threatened to revoke state funding for those that fail to do as much.

At a July board of commissioners meeting, Del Muro confirmed his department, which has 61 officers and a dozen crossing guards, will work with other village and Nassau County police departments to adopt reforms.

"When the new plans come out people will be advised," he said at the time.

Del Muro, the Port Washington police chief, told Patch his officers do not use so-called "chokeholds," which gained national attention following the death of Eric Garner. The department's policy includes guidelines around a "carotid control hold" and similar restraints, but Del Muro said that is required under the state's reporting requirements.

Port Washington police used a stun gun twice in 2019, he said. Del Muro did not provide details on the surrounding circumstances. The department has not used deadly force, carotid control holds or similar techniques, chemical agents or control devices, he said.

Since 2010, the department has had no use of force-related complaints, suspensions, terminations, or other actions, Del Muro said. He told residents there have been no complaints of excessive force in the last 18 years.

In a letter to the community, the chief previously said his department is looking into having officers wear body cameras.

"The PWPD does not currently employ body worn cameras, however recent events have rekindled the conversation and we are currently wokring with govvernmental partners and commerical vendors to explore the possibility of implementing them," Del Muro said.

Force Vs. Deadly Force

The Port Washington police policy distinguishes between force and deadly force.

Force includes using physical techniques or tactics, chemical agents or weapons on someone. It does not include actions such as searching, escorting, handcuffing or restraining someone.

Deadly force is defined as using force that will likely seriously harm or kill another person.

"This includes force that, under circumstances, is readily capable of causing death or serious physical injury."

When Force Is Allowed — And Not

Importantly, the document emphasizes there is no way to specify the level of appropriate force that should be used in any situation. Officers are expected to use the guidelines to make objective decisions. Under the policy, they can use "reasonable force"to carry out their duties, but must understand what authority they're allowed — and know their limits. Officers who see improper use of force must intervene and report as such to a superior.

The document acknowledges that officers make "split-second decisions" with limited information and under extreme, tense and rapidly evolving circumstances when determining how much force is appropriate.

Police can use physical force to make an arrest, prevent an escape, or to defend themselves or others, the policy said. However, officers are not allowed to use force under certain circumstances, such as to coerce a confession, obtain a blood or urine sample, or pull items from a person's private areas.

When determining whether to use force, officers must consider many factors. This includes whether there's an immediate threat, how the subject is behaving, the number of officers who can help, the age, size and strength of the people involved, whether they're under the influence of drugs or alcohol, what mental state they're in, whether there are weapons involved, a history of violence and the seriousness of the offense.

Using Pain To Subdue People

Police officers can use pain to restrain people, so long as they've been properly trained in using them. Indeed, the policy states so-called "pain compliance techniques" can be "effective in controlling a physically or actively resisting individual." They must also cease using the pain technique once the person complies with the officer's commands.

When Police Can Use Deadly Force

Port Washington police carry assault-style weapons in every car. They are trained and certified to fire them, Del Muro said at the July board of commissioners meeting. His statement came in response to a resident's question about why officers were carrying the weapons at family events. Under the use-of-force policy, officers can use deadly force to protect themselves or others from an "imminent threat" of death or serious harm, though that is not limited to immediate or instantaneous, the policy said.

"An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone," the policy said.

An example of this could be if someone was trying to get a weapon and was likely to use it against another person, or if someone was likely going to seriously hurt or kill another person even with no weapon. Police can also use deadly force to stop a fleeing person suspected of committing — or planning to commit — a violent felony that could lead to serious harm or death.

However, the policy discourages opening fire at or from moving cars and should only be done when there are no other options. To that end, police should never try to disable a vehicle by shooting it.

"Shots fired at or from a moving vehicle are rarely effective," the policy said.

Documenting Force And Rendering Aid

Importantly, an officer who uses force — deadly or otherwise — must properly report the incident. Police must disclose why it was necessary, and the district may seek more information to collect data that can be used in the future for trainings, allocating resources and analysis.

A superior must be notified if the officer's use of force:

• Caused a visible injury
• The subject experienced more than "momentary discomfort."
• The subject complains of injury or lingering pain.
• The subject threatens to sue.
• A stun gun or control device is used.
• A restraint device is used other than handcuffs, shackles or belly chains.
• The subject falls unconscious.
• The subject his hit or kicked.
• The subject said any of the above happened.

Medical aid must be given to people who are hurt, in physical distress, complaining of injury or pain, or who lost consciousness, unless the subject refuses treatment. A responding supervisor must separately interview the subject, photograph injuries and determine whether the subject may sue, among other responsibilities. The supervisor must also determine whether to launch an administrative investigation into the incident.

Reporting Requirements

When force is used, the chief's office is tasked with ensuring reports are sent to the state's Division of Criminal Justice Services. This is initiated when an officer:

• Pulls or fires a gun at another person.
• Uses a carotid control hold or other restraint that applies pressure to the throat or windpipe and hinders a person's breathing.
• Uses a chemical agent, such as pepper spray, pepper bullets, tear gas, batons, and so-called "kinetic energy weapons." (Law enforcement sometimes use weapons, such as a 12-gauge shotgun, to fire kinetic energy munitions as a deescalation tactic.)
• Uses or pulls an impact weapon.
• Uses an electronic control weapon, such as a stun gun, flash bomb or long-range acoustic device.
• Causes someone to die or become seriously hurt.