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San Ramon Police Chief Craig Stevens issued a letter to the community late Friday afternoon addressing all eight policy points in the “8 Can’t Wait” initiative that aims to amend use-of-force protocols in local police departments to reduce violent encounters.
Here is Stevens’ letter in its entirety:
A Community Message from San Ramon Police Chief Craig Stevens:
This past week, I have received many emails from members of our community. Some included words of support towards our police department, while others included concerns regarding our department and the law enforcement profession. Many community members proposed recommendations in regards to the “8 Can’t Wait” initiative. This campaign encourages law enforcement agencies to adopt eight policies that organizers believe lead to a reduction in the use of force incidents by police. I will respond to those recommendations below.
I want our community to know that the San Ramon Police Department is always striving to improve, both as individuals and as an organization. I believe that is one of the reasons that we have been successful as a department and have been able to forge many community relationships. With that said, we can never be satisfied with the status quo, and now, more than ever, we need to dedicate ourselves to continuous improvement. We look forward to working through these challenging times “with” our community.
Below is our response to the “8 Can’t Wait” campaign recommendations:
1. Ban chokeholds and strangleholds.
Effective immediately, the San Ramon Police Department has banned the use of the carotid restraint. Our Use of Force Policy is being updated to reflect this change.
2. Require de-escalation.
San Ramon Police Department Policy requires the use of de-escalation techniques before using force. Furthermore, Senate Bill 230 requires that “officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible.” Senate Bill 230 also mandates each policy require officers to conduct all duties in a manner that is fair and unbiased. Additionally, Senate Bill 230 requires all officers be trained in alternatives to deadly force and de-escalation techniques.
3. Require warning before shooting.
San Ramon Police Department policy expressly requires officers to provide verbal warnings, where feasible, to make reasonable efforts to warn that deadly force may be used. Additionally, California Assembly Bill 392 states: “where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.” This requirement is consistent with federal case law.
4. Exhaust all other means before shooting.
San Ramon Police Department policy only permits the use of any deadly force when:
1) An officer reasonably believes that the use of deadly force is necessary to protect the officer or another from a threat of imminent death or serious bodily injury, or
2) To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, the officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable
grounds to believe the person is aware of those facts.
5. Duty to intervene and stop excessive force by other officers.
San Ramon Police Department policy expressly requires officers to intervene and stop excessive force if they observe it occurring. Policy also requires every officer to report any excessive force to a supervisor.
Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor. Additionally, Senate Bill 230 set a “requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances.” This provision is consistent with federal law as well.
6. Ban shooting at moving vehicles.
San Ramon Police Department policy expressly prohibits shooting at vehicles except in life- threatening circumstances. The policy states that Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.
7. Require use-of-force continuum.
San Ramon Police Department policy specifically states that Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).
The use of force continuum is an outdated model that has proven impractical, even dangerous, when applied in real life situations. Instead, policies should focus on requiring officers to create space and separation in an attempt to utilize de-escalation techniques, which is captured in the training and policy requirements within Senate Bill 230.
8. Require comprehensive reporting each time an officer uses forces or threatens to do so.
The San Ramon Police Department has a comprehensive use of force review policy. Senate Bill 230 already requires “comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident.” Additionally, legislation from 2015 (Assembly Bill 71) requires statewide detailed reporting requirements on serious use of force incidents. Senate Bill 230 also requires officers to report excessive force they witness.
In closing, the San Ramon Police Department continually reviews our policies and procedures and makes frequent changes to our policy manual when appropriate. Our policy manual is posted in its entirety on the San Ramon Police Department webpage. We are also evaluating our training procedures and exploring training opportunities to enhance the skills of our staff. The San Ramon Police Department is committed to serving our community with professionalism and delivering the highest level of service to our citizens.
Thank you,
Craig Stevens Chief of Police
Danville PD needs to also ban shooting into cars. The killing of a confused young man in downtown Danville done by a gun happy officer needs to never happen again. A car moving at 3 mph as it had in 2 other attempts to pull it over is not a reason to kill the driver and put the public at risk as it accelerates with a dead driver at the wheel as it crashed into a car in the opposite lane of traffic. The chief of Danville police said it was a justified shooting the very next day. Having viewed the video there is no doubt the cop was in no danger and positioned himself for a kill shot. Chief Shields need to explain why the officer has not been fired. This example is why the police can not investigate the police they have a code of silence that is stronger than a deadly street gang.
Keep up the great work you do Danville Police. Chief Shields, be safe out there and most Danville residents have your back. Take care…..
To Danville PD – please post your policy re: “8 can’t wait”. Danville residents need to hear from you on this important topic. YES, we respect and support you and the vital role you play to protect and serve, and we will continue to fund your efforts appropriately so residents can continue to have one of the safest communities in America. And NO we don’t support excessive use of force. Both can be true…these principles are not mutually exclusive.
Scenario: When a police officer’s son is shot by a fellow officer who uses excessive force beyond what was minimally necessary, that incident would certainly trigger policy change. Why do we have to wait for the next “incident” to be caught on camera before smart action can be taken preventatively? Do the right thing…..this policy is an easy and does not jeopardize your mission.
When are Danville PD going to address the death of a man killed by deputy, Andrew Hall? A quick check shows that deputy Andrew Hall is back on the street. What training did he complete to insure my son, a new driver is not killed by this man? My son is not white is he going to be in danger in Danville? How does a policeman get away with no accountability for killing the driver because the driver was reported as being suspicious and not white.
Thank you, chief Stevens, for taking the initiative of responding to the list of 8 demands.
As a civilian I don’t have the ability to analyze those demands the way you do and it was very helpful to hear your responses— Especially to the use of force continuum.
When I took the San Ramon citizens police Academy I became convinced that we had an enlightened force of qualified officers willing to get between us and whatever dangers are out there. Since that time (and it is been about five years since I took the course), nothing that has happened in San Ramon has made me feel otherwise. I was particularly proud of our officers two weeks ago when they shepherded our mostly young protesters down Bollinger to City Hall.
I think Chief Stevens and his predecessors have been responsible for creating standards and expectations in our police force that keep everyone in San Ramon, regardless of color, safer. I hope this never changes.
#Blue Lives Matter. Quit committing crimes. And if you are stupid enough to commit a felony, quit resisting arrest. Problem solved. Lets give all police officers a month off around the country and see what happens. The anti-police protesters will suffer the most in their high crime neighborhoods. Let them call ghostbusters.
Jennifer,
You are wrong the police officer’s wives will suffer if we give the police a month off. Police officers domestic violence rate is 2-4x the national average. Police officers in California are allowed plead down felony domestic violence charges to misdemeanor and keep their jobs. The system is corrupt and needs to be fixed to insure bad police are fired not protected. Eighty percent of police departments will not fire an officer that has two verified domestic abuse cases. Bullies are drawn to police work no wonder suspects are abused and murdered. Police departments are enabling the culture of abuse. A man that can abuse his own family has no problem with abusing a suspect.