Berkeley.prc.Lindstrom Findings.1991

8/11/2019 Berkeley.prc.Lindstrom Findings.1991

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City

of Berk

eley

REPORT

OE

FINDINGS

OF

POLTCE

REVIE

COMIITISSION

BORD

OR

TNQT]IRY

EERING

HELD,.MAY

21

A 22,

1997

Board

of

Inquiry

Members:

Police

Review

Commission

2121

McKinley

Avenue,

Berkeley,

California

94704

Complaint

Number:

Aggrieved

person

Complainant:

Subjects

of

Complaint:

Dat.e

of

I nc

ident

:

L.,ocation

of

f

ncident:

g15l

6/'44716

1-?0?

rw

(41st

w.6e15

co&t$r

Commissioner

D.

Edwards

Commissioner

f'1.

Hicks

Commissoner

A. fl

ando

Commissioner

B.

Kel

ly

Comnissioner

O.

Neumann

Commigsioner

S.

power

(

Chair

)

1253

James

Martin

Lindstrom

Marc

Krizack

Sergeant

Daubenspeck

Sergeant

Houpt

Officer

Eoughton

Officer

Mansfield

Officer

Wong

January

29,

799I

160

0

University

venue

(

Kregan's

Parking

Lot

)

Exce,gsive

Forc

-

fmproper

llse

of

Baton

(i.e.,

Use

Avoidable

an

Thereafter

Nunber

of

Blows

to

Eead)

-

Sergeant,

Daube

n

speck

Exceesive

Force

-

fnproper

Use

of

Hands

(i.e.,

Repeated

St.rikes

to

Face

fter

Separaed

From

Sergeant

Daubenspeck)

-

Officer

Wong

fmproper

Phyeical

Contact

-

physical

Force

(i.e.,

physicaL

Restrain

applied

Fndinqs

Vote

Exonerated

5

Not,

Sustained

I

Exonerated

3

Not

Sust,ained

3

Not

Sustined

6-0

,

15


2/12

When

Breathing

Stopped

While

on

Stomach

In

Hospital

)

-

Officers

Mangfield

and

Houg

h

ton

Inadequat.e

fnveatigation - Failure

to

Make

Police

Report

(i.e., Failure

to

File

Use

of

Baton

Report per

pR

31g)

-

Sergeant

Daubenspeck

Inadequat.e

Inveatigation

(i.e.,

Failure

to

Specifically

Report

to

paramedic,/

MedicaL

Staff

That

According

to

the

Family,

Mr.

Lindstrom

Had

Altempted

Suicide

by

Taking

an

Unknown

Quntity

of

His

Regular

prescription

Antiipsychoiic

Medication)

-

officer

ought,on

.id/o.

Sergeant

Houpt

Inproper

Police

procedure

-

Making

FaLe

Statement,

(i.e.,

Verbal

Stalement

to

BFD

Paramedic

That

fnjury

Occurred

When

Head

Hit

cround)

-

fficer

Mansfield

Improper

Police

procedure

-

Making

FaLse

Statement

(i.e.,

Statement

in

Report

That

Saw

James

Lindst.rom

"Hitting

Sergeant

Daubenepeck

With

Both

Fists,')

-

Officer

Mansfield

Failure

to

Report

fnfornat,ion

About

ctual

Cause

of

lr.

Lindgtromre

Head

fnjuriea

Which

Relevant

to

Medical

lreatment,

-

Failure

to

Notify

Sergeant

Houpt

Before

Ambulance

Left

he

sene

That

Ead

Struck

Mr.

Lindstrom

in

Head

With

Baton

(setgeant,

Daubenspeck

)

Failure

t,o

Report

Infonoation

bout

cual

Cause

of

ltr

.

Iindst.rom

I

g

Head

fnjures

hlhich

Relevant

t,o

lledical

Treatment

-

Faiure

to

Assute

fnformation

That

Mr.

Lindstrom

Stuck

in Head

With

Baton

Relayed

to

Berkeley

Fire

Depart,ment

Ambulance

Crer{

(

Sergeant

Houpt)

Failure

to

Report

Infornation

bout

Acual

Cause

of

M.

Lindstromrg

Eead

Injuries

Which

ReIevant.

to

Medical

Treatment

-

Fai.l.ure

to

Communicate

to

Highland

Hospital

Medical

Staff

the

Fact

That,

Mr,

Lindstrom

Struck

in

the

llead

With

Baton

(Officer.

Houghton

and/or

Officer

Mansfield

)

Not

Sustained

6-0

Not

Sustained

6-0

Not

Sustained

6-0

Not

Sustained

5;1

Not.

Sustained

6-0

Sustained

6-0

Not

Sustained

6-0

10


3/12


4/12


5/12


6/12


7/12


8/12


9/12

testimony

presented

to us.

Covering up

something

that

does

not

require

covering

up

ony

serves

to

throw

a

cLoud

f suspicion

khere

othenrise

none

roight

be

.

Having

taken

this

lengthy detour

vie

can

now

Look

at. the

specific allegations.

TAE

AIJLEGTIONS

Note

on

the difference

between

exonerated

non-sustained:

rrNot

sustainedrr

means

that

there

is not

enough clear and.

convincing

evidence

to

find that

the officer

acted ixproperLy.

rrExoneratedrr

means

that

by

the same

standard

there is enugh

evidence

to

find that

the officr's

conduct

,as

justified.

i

E:


10/12

commands.

He

hits hin

sorne

nore

with

his

eLbows

and

brinqs

hiru

to

the

ground

hen

officer

Mansfield

arrives.

Civil_ian

witnesses

confiro

that

Mr.

Lindstron

continues

to struggle

even

after

being

brought

to

the

ground.

In the

circuostances

e Board

did

not

sustain the

excessive

force

aJ.Iegation.

Improper

PhysicaL

Cotact

-

pbysical

Force

(i.e.,

Pbysical

Restrailt

pplied

[theD

Breatbing

Stoppeal

rhi].

on

gtonach

Ia

Eospital)

-

officers

ltaDsfield

ad

Eoughtou

Not

gustained

6-0

Dr.

Iocco's

tstinony

leads

to

the

conclusion

that

the

0edical

consequences

of

restraining

injured

prisoners

do not

appear

to

be

sufficientLy

understood

or

consdered

by

police

departnents.

Ho$rever

Officer

Mansfield

and Houghton's

conduct

seerned

to

be

tithin

standard practice.

As

soon

as

it was

noticed

that

breathing

stopped,

Officers

attenpted

to

cornply

with

the

counand

of the

doctor

to loosen

the

restraints. Therefore

r,e

could

not

sustain this

aJ.legation.

IDadequato

IDvegtigatioD

-

FaiLure to

Not

gustaiedt

6-0

uake

Police

Report

(i.e.,

Failure to

File

gse

of

Baton Report

pet

pR

31S)

-

Segieaat

Dau

eDspeck

The

departnental

representative

testified

that the oral reports

nade

by

Sgt.

Daubenspeck

to

Inspector

Maloney and

Muller

fufilIed

the

departnen

report writing

requirernent under

pR

319.

Lt.

De

Latour

conceded

that PR 318 seened

to read as

reguiring

that the

officer

hinself

nake

the

hrritten

report.

He

says this

abiguity

is to

be

corrected. civen

his testinony

re couLd

not

sustain

this

cornplaint.

IDaalequate

hvestigatio

(

i.

e.

,

FaiLure

Not

gustained

6-0

to

Specf,ica11y

Report

to

paramedic/

{edical.

Etaff

Tbat

ccordg

to the

Famly,

Ur.

LiDdstron

Eacl

ttenpteal

suicide

by

lakiug ar

lIkornr

Ouantity

of

Eis

Regular

PrescriptioD

ti-psycbotic

Uedication)

-

Of,ficer

Eoughton

anl/or

sergeant

Eoupt

When

Officer

Houghton

left the

Lindstron

home

he

did not

know

that

the

piIls

Mr.

L

j.ndstrorn

had

taken

\,/ere

his stelazine.

Ile

did

know

that

according to the

family

he

had

attenpted suicide.

It was

conveyed

to the

pararnedics

that

he had taken

a handfu

of

pills,

and had

been

acting

bzzarely

and was

nissing

from

hone.

This infornation

presunabLy

hras

transnitted

by

Officer

Houghton.

Sgt,.

Houpt,,

had the

responsibility to see

that infornation nas

conveyed

,

but

not

necessarly

to

convey

it

hinself

. fn the

circumstances,

the

Board

did not

sustain

this

cornpJ.aint.

2{+


11/12

fDproper

police

procealut

-

Uakiug

Not

gustaiDed

6-0

FalEe

gtatoE$at

(i.8,,

Vebal

gtatet[et

to

Btr'D

Para.uedlc

That

lrjury

occurred

Whe

Eead

El.t

crouDd)

-

Of,ficer

Uatsfi

$

Iat

As

indicated

above,

we

beLieved

th

probl-em

was

not that Officer

Mansfield

told

the

paramedics

that

Mr.

Lindstrou

hit his

head on

the

ground,

but

that

neither he

nor anyone else

told

then

Sgt,

Daubenspeck

had

hit him

on

the

head with

his

baton.

I{e

therefore

coud

not

sustain

this aLlegation.

fEproper

police

ptoceclure

-

UakiDg

FaIE

Stateuent

(i.e.,

gtateret

i

Not Sustained

5-1

Report

That

Ee

gar.

,tanes

Lindstron

trEitting

Serg'eaDt

DaubeDspeck

Fith

Both Fists't)

-

officer

,tansf

ield

The majority

of the

Board

voted

not

to

sustain

this

allegation

because

they

believed

Officer

MansfieLd

rea1ly

thought

he

sar+

Mr.

Lindstrom

hitting

sgt.

Daubenspeck

hrith

tr

filts.

one

menber

(

osha

Neumann)

voted

to

sustain

this

al-Iegation

because

Officer

I'tansf

ield

admitted to the

Board

that he did

not

see

Mr.

Lindstrom

make

contact

with

both

fists.

aur

to Report

fnforatioD

About

Not sustained

6-0

Actual

Cause

of, 'fr.

Lindstromr s

Eeail

Irjuries

lghcb

Relevat

to

NedicaL

Treatmetrt

-

Fa1ur

to

Notify

gergeaBt

Eoutrrt

Before

mbulaDce

Left

tbe scene

That

Ee

Ead

gtruck

{.

IJiDdstron in

Eead

Witb

BatoD

(Sergeart

Daubenspeck)

Sgt.

Daubenspeck

and

Sgt.

Houpt

both

testified that

Sgt.

Daubenspeck

reported

that he

had

hit

Mr. Lindstrom in the

head

with

his baton.

Failure

to

ReE

ort

IDformation

out

Actual

Cause

of

Ur.

liDdstrours

Eead

Iujuries

Wlicb

RelevaDt

to

rledcal

TreatmeBt

-

FaiLure

to Assure

fnfomation

That

Ur.

tDdstron

Stluck

in Eead

rith

Batou

Relayed

to

Eerkeley

Fite

Departnent

Dbu1aDce

Crei

(Setgeant

Uoupt)

Sgt.

Houpt

was

the

supervising

officer

at the

scene

in Kragenrs

parking lot.

The

departmental

representative

at the

hearing

indicated

that

it

wouLd

be anong the

responsibilities of

the

supervising

officer

at the

scene

to assure that

reLvant

oedical

infornation

was

relayed

to

paranedics.

ft

r./as

clearly

relevant

nedicaL

information

that

Mr. Lindstrorn

had been

struck on the

SustaiDed 6-0

25


12/12

read

nunerous

times

by

Sgt.

Daubenspeck

. s clearly,

Sgt,

Houpt

did not

assure that

infornation

vJas

conveyed.

He

assumed

that

officers

Mansfield and Houghton

would

convey the infornation, but

he

did

not

assure

it, Therefore the

Board

sustained this

al

l

egation

.

Failure

to Report

IforDatioD

lot Sustaiecl

6-0

ReLevat

to

.{

$

dicaL TteatmeDt bout

Actual

Causo

of l,ll.

IJiDdstroEr

s Eeaal

Iajuries

Which

-

Failure to

Comuicate to

Eighla1d

Eospitl

uedical staff the Fact

Ithat

u.r.

Li.Ddstrod

Sttuck

iD

the

Eead

Witb

BatoD

(Officer

Eougbtotr

aal/or

off,icer

Maasfieldl

)

Officer

Mansfield

testified that

he did not kno ,

that

Sqt.

Daubenspeck

had struck Ur.

Lindstron

on the

head

with his

baton.

He

v/as

not

specifically

instructed by

Officer

Houpt

to

gather

rel-evant

nedical-

inforoation.

Therefore

r/e

couLd

not

sustain

the

allegation

based

on

failure to

convey

infornation

he

didntt

know

and had

not

been

ordered to find out.

CONCI,I'DTNG

REI,,RKS RE POI,TCY

Sone

of the

policy

issues thich

we

beLieve should be

exanined

are

:

1.

The

need

for cLear departmental

policy

regarding

the

respons5.bilty

for

and the

nanner

in

which

nedical

infornation

is

collected

and

conveyed

to

paramedics

and

other medical

professionals.

2.

The

need to examine

presented

by

Dr. Iocco,

the

agitated,

suspected of

drug

are

restrained.

in

the

light of

the infornation

manner

in

which

prisoners

rho

are

overdose,

or who

have

suffered

trauma

3. The need

for training in

recognizing and

handling

mental

d i sasbi

I

ity .

The

tragedy

in

the

facts

presented

to the Board in

this

conplaint

is that

the

fanily of Mr.

Lindstron

called the

police

to help

hirn,

but

instead

of finding help,

he

found

death.

We can not say

that

anythinq

that

happened

to Mr.

Lindstron

in his

encounter

vith the

police

necessarily

contributed

to his

death. the

qedical

information

compiled

by our

investigators

indicated

that

Mr,

Lindstrom

had

taken

a dose of

Stelazine

that

rnight

have kiLled

him

in any

case.

However,

the fail-ure to

convey

relevant

rnedical

inforuation

to the

pararoedics,

and the

nanner

in

vhich

lfr.

Lindstron

was

restrained, might

have been

a factors in his

death

and

raise

policy

questions

that

need

to

be

exanined to

ninimize

the

risks to

peopLe

in custody

in

the

future.

OSH

NEUMNN

for

the Board of

fnguiry

10

2L

Documents

Berkeley.prc.Lindstrom Findings.1991