13-60

MEMORANDUMTO: All Personnel

FROM: Charles "Chuck" HarmonChief of Police

DATE: July 10, 2013

SUBJECT: Shooting Review Boards for Officer Brandon Bill, Officer Richard Bishop,and Officer George Graves

On April 15, 2013, members of the St. Petersburg Police Department's Street CrimesSection were involved in the surveillance of a confirmed stolen vehicle. Covert OfficersBrandon Bill and Richard Bishop, who were riding together, followed the vehicle to thealley between ze" Street South and Auburn Street South, just south of 18th Avenue,where the vehicle backed into a driveway. Officer George Graves took a position in the1800 block of Auburn Street South, one block west.

Officers Bishop and Bill observed a subject who fit the description of the driver walkingaway from the vehicle. Thinking the vehicle had been abandoned, Officer Bill directedOfficer Bishop to park their vehicle so they could move up on foot. The officers walkedtoward the stolen car and, as they approached, noted that there were still two subjectsinside -- a black male in the driver's seat and a black female in the front passenger seat.Officer Bill initiated contact with the driver, while Officer Bishop approached thepassenger side of the vehicle. Both officers drew their firearms and shouted verbalcommands to the occupants.

The driver initially opened the vehicle door, but then shut the door and drove forward.As the car began to move away, Officer Bishop started to make his way to the driver'sside to assist Officer Bill. This placed Officer Bishop in front of the now moving vehicle.Officer Bishop advised he discharged his firearm at the driver as he was stumblingbackward.

The vehicle turned north in the alley striking a tree adjacent to a fence running north andsouth along the west side of the alley. Officer Bill challenged the driver to exit, butreceived no response. Officer Bill moved toward the vehicle to either take the driver intocustody and/or render first aid. As Officer Bill approached, the vehicle began to back upat Officer Bill and struck him on the holster on his right hip.

Officer Bill was now between the fence to his left and the vehicle to his right, with noother means of escape. Fearing that he was going to be struck either by the car orcrushed against the fence, Officer Bill discharged his firearm multiple times at the "B"pillar of the driver's side of the car. Officer Bishop discharged his firearm a second timeat the vehicle as he perceived the threat to Officer Bill. The vehicle stopped, allowingOfficer Bill to move in a southbound direction away from the threat. The car beganbacking toward Officer Bill again, and he discharged his firearm a second time at the

1--

vehicle. The vehicle came to a stop and then went forward and left the alley in awestbound direction.

Officer Graves had taken a perimeter point south and west of the alley on Auburn StreetSouth in the 1800 block. Officer Graves heard multiple gunshots and exited his vehicle.He observed the stolen vehicle exiting the alley from the east. Officer Gravesdischarged his firearm two times, one round striking the driver in the forearm and theother a nearby residence.

At the time Officer Graves discharged his firearm, he was not wearing a duty holster orduty belt. The only firearm he discharged was his Glock .45 caliber, which he retrievedfrom his duty belt that was located on the back seat of his rental vehicle. At the time hedischarged his firearm, Officer Graves was also armed with a Glock .40 caliber firearmthat was in a holster, positioned in the small of his back. He did not discharge the Glock.40 during this incident.

The stolen vehicle stopped in the alley west of Auburn Street South, just south of rs"Avenue. The female passenger was taken into custody and received medical treatmentfor a non-life threatening gunshot wound. The driver fled from the car and was takeninto custody a short time later. He received medical treatment for non-life threateninggunshot wounds.

In this case, the Shooting Review Boards took into consideration that the targets of theinvestigation were occupants of a stolen vehicle. The initial approach of the vehicle inthe alley by both Officer Bill and Officer Bishop was tactically sound and appropriate.One occupant was a female with no known criminal charges at the time. Officer Bishoplater left a position of safety and placed himself in harm's way by moving to the front ofthe vehicle, where he then discharged his service weapon numerous times at the driverof the vehicle and in the general direction of Officer Bill. Officer Bill did not fire initiallyas the vehicle pulled away. As the vehicle was fleeing, it stopped against a fence orpost in the alley. Officer Bill then approached the vehicle from the driver's side. It wasdetermined that he had numerous other options instead of approaching the vehicle froma confined area. Officer Bill had units in close proximity that could have assisted. If hewas going to approach after back-up arrived, a safer alternative would have been fromthe passenger side so as to not be blocked in by a fence. Another prudent course ofaction would have been to stay behind cover and call the vehicle occupants out. OfficerBill's approach to the vehicle put him in a very vulnerable position with no avenueof escape.

The facts of Officer Graves' involvement were unique from the other officers. He heardthe initial rounds being discharged in the alley, but had no information of what hadactually occurred. He was aware they were working a stolen vehicle as he had helpedwith the surveillance. He became more involved as the vehicle was traveling east towest in the alley south of 18th Avenue South near Auburn Street. His testimony wasvery inconsistent with the evidence of the case. He fired two rounds at the vehicle,

Page Two

which was over 90 feet away when he discharged his firearm, and the vehicle wastraveling away from him in a 90 degree direction. No one was being threatened withdeath or great bodily harm at the time he discharged his weapon.

On July 10, 2013, a Shooting Review Board was convened for Officer Brandon Billconsisting of:

Charles "Chuck" Harmon, Chief of PoliceLuke Williams, Assistant Chief, Uniform Services BureauJorge Sotolongo, Major, Uniform Support DivisionScott MacDonald, Lieutenant, Street Crimes SectionMarlin Heyward, Sergeant, Street Crimes Section

Timothy Brockman, Sergeant, Training Division, High Liability Instructor

Officer Brandon Bill was found to be in violation of:

St. Petersburg Police Department General Order 11-26, I, 0, to wit:

"The Department recognizes that bullets do not immobilize moving motorvehicles. Incapacitating drivers of motor vehicles does not eliminate the threat ordanger posed by the motor vehicle."

St. Petersburg Police Department General Order 11-26,V, 8, #1, #2, #3, to wit:

B. Firing at or from Vehicles:

1. Officers approaching a vehicle should do so from a safe distance andprovide themselves an opportunity to move to an area of safety, ifnecessary.

2. When approaching a vehicle, officers shall use appropriate safety measuresand shall not place themselves in harm's way by standing or moving in frontof a vehicle, standing directly behind, or reaching inside the operatingvehicle.

3. Officers shall not fire at a moving vehicle or any occupant of a movingvehicle. The officer's use of deadly force may be justified if the occupant ofa moving vehicle poses an immediate threat with a firearm or fires upon anofficer or another, and all other reasonable means to avoid the danger havefailed."

City of St. Petersburg Rules and Regulations of the Personnel ManagementSystem Group III, #30, to wit:

"Violation of a City or departmental rule which is considered within the Group IIIlevel for overall seriousness, nature and significance of the misconduct."

Officer Brandon Bill received an Employee Notice and an BO-hour work suspension.

Page Three

On July 10, 2013, a Shooting Review Board was convened for Officer Richard Bishopconsisting of:

Charles "Chuck" Harmon, Chief of PoliceLuke Williams, Assistant Chief, Uniform Services BureauJorge Sotolongo, Major, Uniform Support DivisionScott MacDonald, Lieutenant, Street Crimes SectionMarlin Heyward, Sergeant, Street Crimes Section

Timothy Brockman, Sergeant, Training Division, High Liability Instructor

Officer Richard Bishop was found to be in violation of:

St. Petersburg Police Department General Order 11-26, I, D, to wit:

"The Department recognizes that bullets do not immobilize moving motorvehicles. Incapacitating drivers of motor vehicles does not eliminate the threat ordanger posed by the motor vehicle."

St. Petersburg Police Department General Order 11-26,V, B, #1, #2, #3, to wit:

B. Firing at or from Vehicles:

1. Officers approaching a vehicle should do so from a safe distance andprovide themselves an opportunity to move to an area of safety, ifnecessary.

2. When approaching a vehicle, officers shall use appropriate safety measuresand shall not place themselves in harm's way by standing or moving in frontof a vehicle, standing directly behind, or reaching inside the operatingvehicle.

3. Officers shall not fire at a moving vehicle or any occupant of a movingvehicle. The officer's use of deadly force may be justified if the occupant ofa moving vehicle poses an immediate threat with a firearm or fires upon anofficer or another, and all other reasonable means to avoid the danger havefailed."

City of st. Petersburg Rules and Regulations of the Personnel ManagementSystem Group III, #30, to wit:

"Violation of City or departmental rule which is considered within the Group IIIlevel for overall Seriousness, nature and significance of the misconduct."

Officer Richard Bishop received an Employee Notice and an aD-hour worksuspension.

Page Four

On July 10, 2013, a Shooting Review Board was convened for Officer George Gravesconsisting of:

Charles "Chuck" Harmon, Chief of PoliceLuke Williams, Assistant Chief, Uniform Services BureauJorge Sotolongo, Major, Uniform Support DivisionScott MacDonald, Lieutenant, Street Crimes SectionRobert Turner, Sergeant, Street Crimes Section

Timothy Brockman, Sergeant, Training Division, High Liability Instructor

Officer George Graves was NOT JUSTIFIED in this discharge of his Department-issuedfirearm. He was found to be in violation of:

St. Petersburg Police Department General Order 11-26,I, D, to wit:

"The Department recognizes that bullets do not immobilize moving motorvehicles. Incapacitating drivers of motor vehicles does not eliminate the threat ordanger posed by the motor vehicle."

St. Petersburg Police Department General Order 11-26,IV, A, #5, c, to wit:

"Deadly force is the force that is likely to cause death or serious physical injury.Use of deadly force may be an officer's first and only appropriate response to aperceived threat. Deadly force does not necessarily mean that someone diedfrom the force used. The deadly force can cause serious physical injury or noharm at all. Deadly force is only permitted when other reasonable means toavoid danger have failed, or are impractical and the officer reasonably believesthat deadly force is immediately necessary to defend themselves or another fromimminent danger of death or serious physical injury."

St. Petersburg Police Department General Order 11-26,V, B, #1, #2, #3, to wit:

"B. Firing at or from Vehicles:

1. Officers approaching a vehicle should do so from a safe distance andprovide themselves an opportunity to move to an area of safety, ifnecessary.

2. When approaching a vehicle, officers shall use appropriate safety measuresand shall not place themselves in harm's way by standing or moving in frontof a vehicle, standing directly behind, or reaching inside the operatingvehicle.

3. Officers shall not fire at a moving vehicle or any occupant of a movingvehicle. The officer's use of deadly force may be justified if the occupant ofa moving vehicle poses an immediate threat with a firearm or fires upon anofficer or another, and all other reasonable means to avoid the danger havefailed."

Page Five

St. Petersburg Police Department General Order 11-26,VII, #7, to wit:

"Officers are not authorized to carry more than one handgun while on duty. Theexception is those assigned to the Vice and Narcotics Unit, the Crime Analysis,Surveillance and Enforcement (CASE) Section, and the Intelligence Unit, asthese units operate in an undercover capacity. They are authorized to carry asecond or backup handgun; however, no more than 2 handguns are authorized."

City of st. Petersburg Rules and Regulations of the Personnel ManagementSystem, Group III, # 1, to wit:

"Serious neglect, incompetence, or inefficiency in the performance of assignedduties."

City of St. Petersburg Rules and Regulations of the Personnel ManagementSystem Group III, #30, to wit:

"Violation of a City or departmental rule which is considered within the Group IIIlevel for overall seriousness, nature and significance of the misconduct."

Officer George Graves' employment was Terminated.

Charles "Chuck" HarmonChief of Police

Page Six