Yesterday I blogged about the officers who clearly wrote “use of force” incidents into their police reports provided to the council. Here’s some more that weren’t immediately obvious when reading through all 100 pages of reports.Also, I think there will be a part 3 to this, because I think these reports are only for where there were arrests and there may be more reports.
OFFICER ANDRES RIVERA
On 5-31-2020, I was in full MPD Special Events Team hard gear uniform serving as a SET Medic. While stationary at State Street and Lake Street, a subject was causing damage to windows of a local establishment when the directive was given to push forward across Lake Street, heading West. As I was moving on line with the rest of the element, one subject, who was a black male wearing an olive drab color denim jacket and white jeans, turned away from the element and refused to move West was given at least three commands to move back. I attempted to move the subject by placing my baton across his back and pushed him forward. I had to do this a second time while simultaneously giving commands for the subject to move back. The subject then turned and faced myself and Det. J. Johnson, at which point he was given numerous commands to move back. The subject stated, “you want to do this, you want to do this,” at which point he pulled up his pants and squared up as if he was going to fight. Utilizing my SET-issued MK9, I delivered two bursts to the subject’s face and gave him commands to move back. The MK9 proved to be effective and the subject moved across the street, where he was incapacitated by the MK9. The subject was provided water and milk a short time later to assist with the burning sensation he was experiencing.
PO A. Rivera 5347
OFFICER TYLER HAMMIL
While I was standing in the police line, an individual was on their knees in front of me holding a sign that stated: “Black Lives Matter.” At this point, I was not informed by Command to move forward. I spoke with this individual and asked her to leave the area and that officers were going to be moving forward at some point. This individual complied and backed away from the police line.
I then was informed that police would begin to move forward. As we moved forward, I observed individual in the crowd chanting similar things to: “Fuck the police.” Additionally, I observed many of these individuals to have closed fists and to be in a stance of aggression. Multiple individuals in the crowd also had glass bottles in their hands, similar to the ones thrown at us previously in the evening.
Once I was instructed to move forward, an individual came running toward the police line. At this point, I deployed my MK9 in their general direction. This made this individual yell at the police more than they were previously and run off into the crowd. I then remained on the police line and walked through the streets as instructed.
OFFICER ALEXANDER PFEIL
Officer Information
On 5/31/2020, I was dressed in full Madison Police style uniform and operating in my full capacity as a Madison Police officer. I was assigned to the Special Events Team in my capacity as a grenadier.
On 5/31/2020, at approximately 9:30 p.m., incident commanders from this event advised SET units to don hard protective gear due to protesters swarming officers and utilizing impact projectiles. This was occurring up on the inner square area near the capitol. I also heard an officer advise over the air that he had been punched in the face. I then heard other officers exigently utilize gas in order to rescue the officers who were surrounded. I did don my full grenadier uniform to include my protective jets and multiple smoke and CS grenades.
I was under the direction of Lt Radovan and Sgt Sosoka. I then moved to the area of State St and Dayton St. I stayed in this position for an extended period of time. At one point, a red, four-door sedan pulled approximately 15′ in front of the line of officers. The male was a male black who exited his vehicle and left the vehicle running with the stereo turned loudly. The male onto the hood of his vehicle and then climbed onto the roof. The male appeared to be filming himself in front of our police line. I heard multiple individuals give three sets of verbal commands for the male to get off of his vehicle and get back into his car. Multiple of these verbal commands were given over a PA system from a squad car that was directly behind the line of officers in hard gear. The male ignored these commands. At this point, I was approximately 15-20 feet from the male. I now utilized my protective jet and directed a spray at the male. This was a short burst of spray. The male then stayed on top of his car for approximately one to two seconds. The male then jumped down onto the hood of his car. I utilized an additional spray in the male’s direction. An arrest team was now proceeding through the line of hard-gear officers towards the male yelling at him to stop. The male then began to run off the hood of his car and towards the driver’s side of his vehicle. I then utilized the protective jet a third time to deploy it aimed at the interior of the vehicle as the passenger-side windows were down. I then observed the male dive into his vehicle and officers were able to effect the arrest. As this was happening, an additional silver-colored minivan pulled very near to where the officers were effecting the arrest. I could not see how many people were occupying this minivan. My attention was drawn to it as the driver of the minivan began to lean out of his window and honk his horn and yell at officers. I could not hear what was directly being yelled due to the horn being honked. I now motioned for the driver to drive away and gave multiple verbal commands for the driver to leave the area at the top of my lungs. The driver did not comply. After giving approximately three verbal commands, I utilized one spray from my protective jet aimed towards the driver of the vehicle. The vehicle was approximately 30-35 feet away. As soon as I utilized the protective jet spray, the driver immediately drove away. I do not believe that the spray made it into the vehicle or the driver.
Later in the shift, I was at the intersection of N Lake St and University Ave. Under the direction of command, our line of officers was moving northbound on Lake St and were just to the south of University Ave. I now heard a male yelling on the western side of the intersection. The male was advancing towards officers and yelling at he was going to pass by. The male continued to advance and ignored multiple verbal directives to disperse. I now observed an officer attempt to utilize a MK9 OC spray directed towards the male. I was now moving in a position closer in order to provide grenadier assistance if necessary. As soon as the MK9 OC spray was deployed, it appeared to not be able to reach the individual advancing on us. The male then put both of his fists up in a boxing stance and quickly aggressed towards the nearest officer. I now utilized my protective jet and focused the spray on this individual who was now swinging his arms in a punching motion in front of him while advancing. The jet was immediately successful upon striking the male and he immediately turned and retreated at a full sprint. This was a shorter male black, approximately 20 years old. Due to the fact that the male now ran into University Ave and away from the line, we were unable to effect an arrest.
This report was completed on June 2, 2020. NFA/cmb
PO A PFEIL 5046
OFFICER JAMES IMOEHL
Initial Information
On 5/31/2020, I was assigned as a grenadier to SGT Doberstein’s SET squad assisting with the protection of civilian first amendment rights to assemble and engage in free speech. I was dressed in full SET uniform with clearly visible police patches and badge. Additionally, I wore an N95 face mask, clear protective eyewear, and protective gloves.
As the night progressed, I heard on the radio that projectiles were being thrown at officers and received orders to don “hard gear” consisting of protective leg pads, arm pads, a protective helmet with face shield, and a gas mask. Additionally, I wore a grenadier vest carrying three throwable canisters of CS gas and two throwable smoke canisters. I was carrying a MK9 OC canister and a “Protecto Jet” capable of deploying OC.
Clearing Of Violent Gathering
After donning additional protective gear and returning to the street, I heard information aired that a large group was gathering by the Capitol. I deployed behind a line of SET officers as this group was given verbal commands informing them that they were an “unlawful assembly” and were required to “leave the area immediately.” I observed that some members of the crowd did disperse, however, many others remained in the area and continued to yell obscenities at officers such as “Fuck you!” and “I hope you die!”
I remained behind the line of SET officers as they began to walk forward causing members of the crowd to move northwest on Wisconsin Avenue towards Langdon St. As we approached W Gorham St, I observed that items were being thrown at us including bottles containing unknown substances. Due to the actions of the violent and aggressive crowd, I heard around this time that gas was approved to deploy in order to clear the crowd from the area and prevent an escalation of the violent behavior.
I then observed an object hit a nearby officer in the area of his groin, and the officer immediately bent over while exclaiming, “Uggghhh !” I observed an individual approximately 1O yards in front of me whose stance appeared as though he had just thrown something and he then began bending over as if to grab something else to throw. At this point, I deployed a canister of CS “Triple Chaser” gas towards the individual. I observed that following the release of chemical agent, this individual ran away from the area, as did other members of the group. I was unable to identify the individual or take notes regarding his specific clothing due to the ongoing nature of the event.
I continued to remain behind the line of SET officers as the crowd was continually ordered to .clear the streets and was moved towards Langdon St. After a period of time, this group of officers returned to the area of the Capitol, however, we then received information that dumpsters were being lit on fire in the area of Wisconsin Ave and Langdon St. At this point we began moving towards this area and, as we did so, I observed that members of the crowed began pushing a wheeled dumpster which had been lit on fire towards my group and were throwing unknown objects towards us. At one point, as we continued to attempt to clear the group from the area, multiple individuals ran towards us and began hurling objects at us from behind the flaming dumpster. At this point, these individuals were within range for me to deploy a canister of CS ‘Triple Chaser” gas in their direction to prevent them from continuing to assault the officers around me. After doing so I observed members of this group flee the area. Again I was unable to identify the individuals or take notes regarding their specific clothing due to the ongoing nature of the event.
Due to the nature of what was occurring, I did not observe the exact time, but I mentally estimate that these actions occurred between 10:30 PM and 11:30 PM.
Attempts to Render Aid/Decontamination .
Following my deployment of chemical gas I searched the area for anyone that appeared to need medical assistance, however no one remained in the area for me to offer aid.
Disposition
Following the actions described above I remained with my platoon, however I did not encounter any additional situations in which it was appropriate to deploy chemical munitions and I was in a position to do so.
PO J. lmoehl #5224
OFFICER JAVIER LOREDO
Training and Experience:
I am employed as a Police Officer for the City of Madison Police Department, and have been so employed since 2003; I was promoted to the rank of sergeant in 2018. I am a member of the Madison Police Department Special Weapons and Tactics Team and have been serving on the team since 2005. Being a member of this team has provided me with the opportunity to receive a significant amount of training. Specifically, I have received training in hostage rescue operations, search warrant service, weapons handling and shooting. In 2006, I also attended a 32-hour basic S.W.A.T school given by the Northeast Counterdrug Training Center. In 2011, I was certified as a firearms instructor by the Wisconsin Department of Justice. In 2013, I attended a 40- hour tactical team leader course hosted by the National Tactical Officer’s Association. In 2014, I attended an
8-hour Pursuit Intervention Tactic (P.I.T.) course put on by the State Patrol Academy. In 2014, I attended a 40- hour tactical breacher course put on by Global International and Forced Entry Tactical Training. In 2015, I attended a 10-hour advanced vehicle contraband concealment search training put on by the Midwest Counterdrug Training Center. In 2017, I attended a 36-hour Tactical Narcotics Techniques course put on by Law Enforcement Training Associates. In 2019, I attended a 60-hour explosive breaching training course put on by Forced Entry Tactical Training. Also in 2019, I attended a 50-hour advanced explosive breaching course put on by Forced Entry Tactical Training.
Additionally, I have received training in the identification of habits and customs of individuals engaged in narcotics trafficking from senior members of the Dane County Narcotics Task Force. I have also attended approximately 114 hours of additional narcotic investigation training from training centers who instruct law enforcement officers. I have also received specialized training in the identification and field-testing of controlled substances from Master Trainers in the DCNTF, which include the use of the field pouch drug testing system.
I have also participated in over 100 drug investigations on all levels, involving the possession, use, and sale of controlled substances, with numerous arrests involving such persons.
Narrative:
On 5/31/20, I was working as a supervisor on the MPD SWAT team. I was dressed in full MPD tactical-style uniform. At this time, I attended a briefing with SWAT personnel present, and we discussed the pre-planned protest. I was part of a small SWAT element that was assisting in police coverage of the public protest in the downtown area of Madison. It was briefed that on this date, we would be supporting other police units with crowd control tasks. On this date, this was the second day in a row that I was working this particular assignment.
For this operation, I would be acting in my capacity as one of the tactical team leaders. The following personnel were assigned to my team for this operation:
PO Rene Gonzalez, Justin Nelsen, Nick Clea
The personnel assigned to this operation were equipped with specialized tactical equipment. We were operating an unmarked plain police vehicle. There was also a command post that was supervising the operation of the SWAT teams that were working the event. They were communicating to us via radio either to give informational updates and/or provide instruction. ·
The Madison Police Dept. also had the Special Event Team (SET) working the event. This team is trained to deal with crowd control events.
On this date, at approximately 10:00 PM, there was a crowd protesting in the State St area of downtown Madison. I was notified by radio that there were several hundred people participating in the protest. I was also notified via radio that the mood of the protest had gone from peaceful to a destructive riot. We were notified that there were groups of persons causing property damage to businesses in the State St area.
I was notified via radio that the decision had been made by command for the SET to begin dealing with the rioters. The use of chemical agents and munitions had also been authorized for use given the violence and destructiveness of the rioters. The command post contacted my team via radio and requested we provide assistance to the SET by being in a specific position in the street to deploy chemical munitions to guide the rioters from State St towards University Ave via Francis St.
Initial Approach:
I directed our team to drive westbound on State St from Gilman St. When we did so, I could see a group of rioters walking from State St onto southbound Frances St. I was directed to deploy chemical munitions to assist in continuing to direct the crowd in a southbound direction.
We drove closer to the rioters so that I could deploy hand-held CS munitions. As I approached and we slowed our vehicle, I opened my window and threw the CS munition on the ground in the area where the rioters were. I saw that one of the rioters ran toward the munition I had just thrown, picked it up, and threw it in our general direction. As this was occurring, I was preparing to throw another CS munition. During this time, a rioter had apparently thrown a rock at our police vehicle and shattered the rear window of our vehicle. At this time, I directed our team to leave the area, and we drove to the west on State St.
Very shortly thereafter, the command post notified us via radio that other SET personnel still needed assistance with rioters at the intersection of State St and Lake St. I and other SWAT elements drove to this area, and I could see rioters at this intersection. I exited my vehicle and deployed one CS chemical munition in the direction of the rioters to keep them away from the SET personnel in the area.
After we delivered these munitions, we remained in the area and assisted as needed. I did not deliver any more chemical munitions on this evening. I completed this shift at approximately 3:00 AM on 6/1/20.
Sgt J Loredo 3642
OFFICER DAVID SCHON
MY platoon had been informed that a large crowd of protesters had begun to gather in the area of Wisconsin
Ave. and Mifflin St. Further updates advised that this group of protesters had begun to surround fellow officers in the area of Mifflin and Pinckrey St. and had begun to throw projectiles at them, as well as assault officers. In response, my SET platoon deployed to the area and formed a line in the 10 block of W. Mifflin St. Within minutes, we were confronted by a large crowd, some of which included hostile protesters that were yelling threats of physical violence directed at officers. Due to the actions and behavior of the crowd, the decision was made to clear the crowd in the 10 block of W. Mifflin St. that had gathered in front of our line. After this decision was made, I then took a position in the front of my platoon line, facing the crowd, and drew my department-issued wooden baton. I held this wooden baton in front of me with both hands located at the top and bottom of the baton. My platoon was given the order to move the crowd away from the area of W. Mifflin St. into the direction of Wisconsin Ave. At about this time, I had begun verbal orders for protesters that were standing and gathered in front of me to “move back and go home!”
As our SET platoon had given orders for the crowd to disperse, I noted that after these orders were given, many of the protesters had remained, some of them continuing to yell abusive language and threats of violence. I specifically remember one male standing in front of our line with clenched fists, yelling, “I’m going to whoop you.” It should be noted that it was approximately 9:45pm, and I was aware that there was a curfew in effect for the area of Madison that we were currently in, which had been in effect since 9:30pm.
As our platoon moved forward to disperse the crowd, I noted that a male black, approximately 20-25 years old, 6’0 tall, with his shirt off, had been standing in the front of our line, continuing to yell at officers. I noted that this protester had not responded to verbal orders from me and other officers to disperse and had remained facing our line. As the line began to move, I stepped forward. I continued to yell, “Go back. Go home.” I noted this male black continued to stand in front of our line as the distance closed and refused to move back. Finally, at a distance of approximately one foot away, I realized that the male was not going to comply with the legal order and would potentially break our advancing line and expose officers from the back side if he were to break our line. I knew that this would cause potential danger to my platoon as we continued to advance. As I was approximately one foot away from this male, I then, in order to prevent the male from getting behind our line, performed a “blocking” maneuver, pushing the male back with the shaft of my baton while my hands were placed at the top and bottom. I pushed the male in the area of his upper arm shoulder. I noted that in response to being pushed, the male had then stepped back 1-2 feet as the line advanced and had moved over in front of another officer. I noted that this male was then arrested and placed into handcuffs. As the male was being arrested, I continued to advance with my platoon, continuing to give orders for the crowd to disperse and to go home.
My use of force regarding this incident was reported to Sgt. Tieu.
Officer D. Schon #5577
SERGEANT MATT SCHROEDL
OFFICER INFORMATION:
I am currently employed with the City of Madison Police Department, where I have been since 1997. I was promoted to the rank of sergeant in 2008. I am currently assigned as a sergeant with the Dane County Narcotics Task Force. I am also a member of the City of Madison Police Department SWAT Team and I am one of the team leaders. I have received training in the use of chemical munitions to the City of Madison Police Department. I have also received additional training on chemical agents and less lethal impact projectiles, including .40 mm projectiles, oleoresin capsicum and CS munitions.
NARRATIVE:
On 05/31/2020, I received information reference a request for the City of Madison Police Department SWAT Team to assist with security at a protest reference the death of George Floyd in Minneapolis Minnesota. This protest was scheduled to take place in the downtown area of Madison. Based on the previous night’s events, where the protest turned violent, where people were looting and damaging property, a firearm was stolen out of a police vehicle and our armored vehicle was struck by gunfire. We were requested to assist as security for this event.
At approximately 1 p.m., I attended a briefing by Lt. Ostrenga, who is a lieutenant on the City of Madison Police Department SWAT Team reference our assignments for this protest. Our main objectives were the safety and the security of citizens and law enforcement officers. At the completion of the briefing, we responded into the downtown area as a large number of individuals were there to protest. At approximately 9:30 p.m., a curfew went into effect for the Isthmus area reference the previous night’s riots and violence. At approximately 1O p.m., there was still a large group of protestors that were marching around the Capitol grounds, in violation of the curfew. As they were marching, there was a small Special Events Team platoon that was walking with them. As they emerged around the Capitol grounds, near the intersection of N. Pinckney St, in between E. Washington Ave and N. Hamilton St, the crowd turned on the officers. I received information over the police radio that the officers were surrounded and being physically assaulted and requesting emergency assistance. At that point, PO Keys, PO Weberpal, Det. Johnson and I moved into a position near the intersection of N. Hamilton St and Pinckney St. As we emerged into that area, I observed that PO Masterson and Lt. Fiore started to deploy chemical munitions in an attempt to disperse the crowd and stop them from assaulting the officers. As I emerged into the area, the crowd turned and began to focus on Det. Johnson, PO Weberpal and I. They began to move towards our direction. We formed a small line near the intersection of N. Hamilton St and E. Pinckney St. As the crowd began to form, there were several hundred individuals that came within approximately 10 ft-20 ft. of us, who were yelling and screaming and were very hostile. As the group focused on us, this allowed the SET platoon to move out of contact with the protestors and don their gas masks. It should be noted that at that point in time, that group of Special Events Team officers were not wearing any additional protective equipment other than their normal uniform. As the crowd turned their attention and focus towards us, I observed them begin to throw objects, in particular rocks and bottles at Det. Johnson, PO Weberpal and I. PO Weberpal was struck in his shin by one of the rocks. I did not believe we would be able to withdraw at that point since the crowd had already attacked the SET Platoon Officers and previously chased officers as they had retreated. At that point, I deployed a Specie-Heat CS canister, in an attempt to push back and disperse the crowd, to prevent them from being able to strike us with projectiles while requesting additional resources to help with evacuating the SET members out of the area who were not in protective equipment. I threw the canister in an underhand manner and directed it to an open area to the side of the crowd, in an attempt not to strike anyone with it, but close enough to them so they would be able to feel the effects of the munitions and disperse them from the area. When I deployed the canister, the crowd immediately began running backwards and created distance between them and us. This crowd continued to be very agitated. I was able to move a SET platoon line in front of us that was still not in any additional protective equipment, but was now in gas masks. As the crowd re-emerged back up towards our line, I had requested additional resources respond to our location that were in additional protective equipment as the crowd continued to throw rocks and bottles at us. As the crowd again came closer and began launching projectiles to us, I again deployed a second canister of CS Specie-Heat in an attempt to create the distance between the crowd and us and prevent them from being able to harm us with their projectiles. I again threw the canister in an underhand fashion, trying to find an open area to the side of the crowd, again, close enough to have them feel the effects, but not strike them with the canister. Again, the canister dispersed its contents and, while it was doing that, one of the individuals in the crowd attempted to pick it up and throw it back towards our general direction. PO Weberpal and Det. Johnson were also using CS canisters, as well as .40 mm foam projectiles to try to keep the crowd back. This went on for approximately ten minutes before additional personnel were able to arrive at our location wearing additional protective equipment. Once they were in position, we were able to extract out of the area.
As the night continued, the crowd continued to escalate in their behavior. They began to damage additional property and loot businesses. They began to set fires in dumpsters and pulling them into the street while pushing one toward officers. They also attempted to steal a squad car. During the escalation of their behavior, I was advised by Lt. Ostrenga that the Special Events Team needed additional assistance near State St and Henry St. We moved into a position to come down Langdon St, which would have been to the north of that location. As we were pulling down Langdon St, I observed numerous dumpsters that were in the middle of the street that were on fire and other debris littering the street. We were able to navigate around all of these numerous dumpsters that were scattered throughout the roadway, that were burning, to get into a position, as the crowd continued to push outbound on State St, towards Lake St. I was advised they were breaking numerous windows and attempting to loot various · businesses. Once they emerged down onto the Lake St area, I again deployed a canister of CS Specie-Heat in an attempt to disperse the crowd and prevent them from continuing to do extensive damage to businesses in the.State St corridor and the Library Mall area. After I threw the canister again in an underhand manner, finding an open area near the intersection of State St and Lake St, the crowd dispersed, ran through the Library Mall, and ceased damaging any property in that immediate vicinity. At that point, I returned to our vehicle and we were able to extract out of the area as additional Special Events Team personnel were arriving to work on crowd control and dispersing the group. The crowd continued to damage property and loot businesses in the downtown area.
At one point, during the looting, Lt. Ostrenga advised that they observed an individual on surveillance video that appeared to be the leader of the small group of people who were breaking into stores and looting them. SET members and other MPD personnel attempted to move into position to contact the individual, as he emerged from one of the businesses after breaking in and looting it with several other individuals. This individual was described to be wearing a red hat, which the person took off their head and ultimately was carrying when I observed them. The suspect was amongst a large group of individuals, who were moving towards the Gilman St area. We attempted multiple times to navigate through the crowd to get into a position to contact and arrest this individual. As we were doing so, the individual realized we were attempting to arrest the person and began to run throughout the downtown State St area. At one point the crowd the person was with formed a line in front of our vehicle and was intentionally trying to impede our abilities to arrest this individual. Based on the groups active resistance and obstruction to our attempts to arrest the suspect Det. Johnson deployed some OC spray to move this group out of our way so we could try to arrest this individual. As we continued to move into position to try to contact this individual, additional members from the group began throwing rocks at our vehicle. Det. Johnson deployed a .40 mm foam baton round to one of the individuals throwing a large rock at us. That individual was eventually struck by the foam baton round and fled the area prior to us making contact with him to see if he needed any medical attention. The original individual was able to evade us with the assistance of the large group. See Det. Johnson’s report for further details on this incident.
SGT MATT SCHROEDL 2793
OFFICER JUSTIN NELSEN
At approximately 10:00 PM, we were getting information that the crowds were becoming hostile and violent to include property damage, burglaries, looting, and assaulting police officers with projectiles. At one point our CAT team was tasked with supporting a police element at Frances St and State St. The Command Post stated they wanted us to infill behind the crowd at Frances St and State St and to deploy chemical munitions in effort to support the SET Team in pushing the crowd. We then got instructions from an observation post that State St to Frances St was clear to infill. During these operations, I was in full gas mask and helmet.
As we drove down State St towards Frances St from Johnson St, I started seeing more and more persons starting to follow in our direction. Once we got to Frances St and State St, I observed our position was being encircled by rioters shouting vulgar statements and throwing rocks at our vehicle. I was then told by SGT Loredo that it was unsafe to get out of the vehicle to deploy the munitions and we should deploy them while still in the vehicle. I then rolled down the vehicle window, pulled the pin on a CS hand held munition and tossed it out the driver’s side of the vehicle. Once I did this, I heard a loud noise from behind me. I looked back and observed the rear window to be completely broken out. We then left the area.
After that situation, we got information that a contingent of police officers needed support at State St and Lake St and that they were being surrounded. We then drove to Lake St from Langdon St and I observed numerous rioters screaming vulgar statements at police, and throwing projectiles at police officers. Given these actions, I then deployed a CS gas hand held munition by pulling the pin and throwing it into the direction of the assaultive suspects in an attempt to get them to deter their behavior. Once I threw the device, I then observed a suspect to pick it up with a glove and throw it back at our position.
PO Justin Nelsen 5228
OFFICER JOSEPH WEBERPAL
At approximately 9:55 PM, my team of four was given an update about the large crowd that was gathered near the intersection of E Washington Ave and Pinckney St. We were updated from the Command Post that a· small number of officers were pinned down by the large crowd in the area near the Old Fashioned located at 23 N Pinckney St. I was given information via radio that the officers that were pinned down were being hit by members of the crowd and were having objects thrown at them. The team of four that I was with were directed to go to the intersection of N Pinckney St and E Mifflin St to assist the officers that were pinned down.
Upon arrival into the area of N Pinckney St and E Mifflin St, I observed a large crowd of approximately 200-300 people who were yelling and standing directly in front of the small contingent of officers that were pinned down. I could see objects being thrown toward the officers and as soon as we got out of our vehicle and into position near the intersection we started to have rocks and bottles thrown at us. After being out of our vehicle for approximately 1-2 minutes, I was hit by a rock on my left shin. I observed this rock once it was on the ground and it was about the size of a golf ball. The area on my shin where I was hit by the rock was red and had a bruise around it when I was able to look at it later in the night. I also observed the subject that threw this rock at me in the crowd. He is described as a black male, approximately 20-25 years old. He was wearing a light colored t-shirt and had on a red winter hat.
Shortly after being hit by the rock, I observed several more rocks and bottles being thrown in our direction near the intersection. At approximately 10:04 PM, I could see that the group of officers that were pinned down had been able to put their protective gas masks on and the crowd had moved back from them. At this time, we were still receiving projectiles being thrown in our direction that the rioters were being more aggressive towards us and our position at the intersection. At this time I removed the pin from my handheld chemical canister and deployed it in the direction of the rioters and more specifically in the direction in front of the subject. who was throwing projectiles in our direction. I deployed this chemical canister based on my based on my training and it was rolling across the ground in front of the crowd. After the deployment of this chemical canister, I observed that the rioters around the area of the canister had moved back away from it.
While still in the area of the intersection of N Pinckney St and E Mifflin St, I observed a rioter pick up a chemical canister that had been deployed and throw it back in our direction. This canister was still active and delivering its product when it was thrown back. I watched as the canister went under our vehicle and continue to dispense its product. At this time the rioters were still standing about 20-30 feet in front of our location and throwing projectiles in our direction. We were then joined by a number of Special Event Team Officers that had walked to our location to assist. These officers had full protective gear on and were able to relieve us from our position.
Shortly after leaving the area of N Pinckney St and E Mifflin St, my team of four was directed by the Command Post to respond to the intersection of Lake St and State St to assist SET Officers and deliver chemical canisters. More specifically, we were directed to assist by deploying hand held chemical canisters in this area where the rioters were throwing projectiles at officers and were damaging property in the State St area. While we were responding to this area of Lake St, we had to go around several dumpsters that were set on fire and were in the middle of the road on Langdon St.
Once in the area of Lake St and State St, I observed a very large hostile crowd that was continually throwing rocks, bottles, and other objects in our direction. At this time I deployed two hand held chemical canisters in the direction of the ground in front of the crowd. I deployed both of these canisters based on my training and observed as they both landed successfully in front of the crowd and did not strike anyone. Shortly after deploying the chemical canisters, the SET Team arrived at our location from the State St area and we were directed to fall back to our vehicles.
It should be noted that all of the chemical canisters that I deployed during this operational period were department supplied Defense Technology CS.
PO WEBERPAL #4232
OFFICER ANTHONY FIORE – DAY ONE
On Saturday, 06/02/2020, starting at approximately 8:00pm, I was assigned to the Special Events Team (SET) and operating in my capacity as the Grenadier Commander. I was assigned Det. Masterson to assist in duties consisting of gathering grenadier munitions and supplies, water, respirator protection equipment, and other supplies that may be needed to assist SET. I and Det. Masterson also self-deployed to numerous high-risk incidents to assisting in resupply, command, or grenadier tasks.
I have been a Madison Police Officer for over 21 years. I have been a member of Special Events Team for approximately 18 years. I have been a grenadier, grenadier supervisor/sergeant, or the grenadier commander for approximately the last 15 years. I have attended training presented on the use of chemical (CS), OC and impact, munitions presented by both the FBI and Defense Technologies. I have numerous training deployments on all munitions utilized by the SET Grenadier Team. I have presented and conducted trainings for MPD Grenadiers and oversee all purchasing and munition selections. I was part of the team that wrote and finalized the SOP on SET Grenadiers. During the course of my service on SET, I have participated in numerous deployments on SET for crowd management and control, to include nearly every Halloween and Mifflin St block party for the last 18 years. As a grenadier and grenadier supervisor, I have had every tool and munition available for that entire period as those utilized by MPD currently. During all of those events, only during the Halloween riots in the early 2000’s were chemical munitions and OC utilized by MPD grenadiers. have advised outside agencies on the use, tactics, and consideration when utilizing grenadiers and chemical/OC munitions. I have never seen the level of property damage, projectiles directed at officers, injuries to officers, and open anger or aggression toward MPD personnel as I have witnessed since Saturday, 5/30, and through the writing of this report. My deployment, command, and supervision of impact, chemical/OC munitions have been consistent with my training and experience, as a direct result or response to violent or assaultive confrontations or to the degree that failure to utilize chemical/OC munitions would have made crowd management/control less safe for citizens and officers.
Upon our arrival in the State St area, I heard multiple reports of officers being targeted by projectiles and had reports of officers injured as a result. At one point, I heard officers at the intersection of State St and Johnson St advising that officers were receiving projectiles. Upon arrival, I advised Det. Masterson that 40mm exact Impact sponge rounds were authorized if he observed individuals throwing dangerous projectiles at the officers in the area. After resupplying several of the grenadiers on scene, we left the area.
We then heard officers were continuing to be targeted with projectiles. As we arrived back on scene, I observed approximately 30 officers in the area and the crowd had grown in size. I also noted that Dispatch was advising that fires were being lit in the area and did see smoke begin to rise just behind the first several rows of protesters. The crowd consisted of approximately 50 or more protesters, and although they were verbally engaging officers, the majority of the crowd was maintaining a safe distance from the officers. I observed several projectiles land in the area around the officers and observed that most of these were fist sized or larger pieces of concrete or rocks. Those choosing to engage in throwing projectiles typically did so at distance and behind the crowd that was peacefully protesting. Given the active fire, dangerous projectiles, unblocked traffic I made the determination that we were going to attempt to move the crowd out of the area of the fire until it could be extinguished. As no other Lieutenant or Commander was on scene, I assumed command and advised the group of officers on the line for Johnson/State, on the east-side of the intersection of our goals and not to attempt to move the crowd until I had an opportunity to give audible warnings. I then made at least 5 verbal warnings utilizing my squad PA system, advising the crowd that due to the fire and projectiles they would need to disperse. In addition, I advised that chemical munitions may be deployed and that the use of impact munitions could be used if projectiles continued to be thrown at the officers. As I was making these announcements, my vehicle was struck with no less than 3 heavy/hard projectiles thrown from the area of the parking lot adjacent to the church located on W Johnson St. Officers in the immediate area also reported additional projectiles. After my verbal warning, I observed a noticeable difference in the density of the crowd in question and that numerous persons were heading my warning to disperse from this immediate area. I observed the fire was still active, officers were keeping vehicle traffic from the crowd, and officers continued to receive projectiles; I made the determination to immediately move the crowd beyond the active fire and attempt to disperse those throwing projectiles at officers. I did not feel at any point officers could safely disengage without presenting an unreasonable risk to those occupying the roadway or to the officers. I retrieved a protectojet containing OC that disperses in an aerosolized fashion. I have had hundreds of reps deploying the protectojets in both training and crowd control situations. I am familiar with the effects of aerosolized OC/Pepper Spray and know that the effects are greatly diminished as soon as individuals move into areas of fresh air. Decon responsibilities or needs are greatly diminished for aerosolized OC, and I have never observed any individual or officer display injuries or lasting discomfort as a result of its use. I deployed the protectojet consistent with my training and noted an immediate effect on the group. The OC was not directed at any specific individual. This effect allowed the officers to being to move the crowd back without physical confrontation. I directed the line to continue to move forward until the point that we were beyond the items that were actively burning. I utilized approximately 4 – 5 one-second bursts, and immediately ceased when I observed it have the desired effect of moving the crowd back away from the officers. Officers were then able to manually put most of the fire out. I observed approximately 8 – 1O plastic (petroleum-based) trash bins had been moved out in to the roadway, either to obstruct traffic or officers or to use as additional burning material. I then directed, and assisted in, moving those items towards the State St area so that when we moved the line back they would be behind our line and could not be used further by the crowd. At that point, I directed the line to move back towards State St, but maintain a position that we could safely block vehicle traffic and protect officers from additional projectiles.
I remained in command of this immediate area until my presence was no longer needed.
OFFICER ANTHONY FIORE – DAY TWO
Sunday, 6/1/2020
On Sunday, 6/1/2020, I continued to serve in my capacity as the Grenadier Commander for the Special Events Team.
During our duties, I heard several radio transmissions from officers located at/near the intersection of N Pinkney and E Mifflin St, specifically by the “Old Fashion,” a restaurant in that area. Officers described by “surrounded” by a hostile crowd, that one officer had been “punched in the face,” and that they needed “immediate assistance.” Det. Masterson and I responded to the area on Pinkney St from the area of E Washington Ave. I could see a crowd of approximately several hundred persons densely convened in the area directly in front of the “Old Fashion” restaurant. I have received no information that the officers that had been surrounded were out of harm’s way, or that the violent behavior towards them had ceased. In my 21-year experience, I have never been involved in a situation that more clearly presented an immediate and escalating risk to officers, or the potential for escalating use of force by those officers that had described themselves as being surrounded. I immediately exited my vehicle and deployed a CS ‘Specie-Heat’ canister towards the crowd. I observed the canister successfully deploy and immediately deployed a second to provide additional CS coverage to the area. I believe one of the canisters had been picked up and thrown back in our general direction, however, the CS deployment from the canister continued and wind-conditions allowed for the CS to continue to drift into the desired area. As the crowd dispersed and to allow for the CS coverage to prevent the crowd from re-convening in that immediate area, I threw a third canister into the area of the capitol lawn to provide a wider corridor of CS coverage. As the CS dispersed, I could see that the vast majority of the crowd had dispersed, that the officers appeared to be out of imminent threat, and that only non-violent or confrontational citizens were remaining in the area.
During my training and experience highlighted earlier in my report, I have deployed no less than 50 CS canisters. I have been exposed to CS gas on no less than a dozen occasions. I know the effects of CS, or tear-gas, are immediately and significantly reduced as soon as individuals find themselves in fresh air. I know the effects to be generally mild, causing irritation to the mucus membranes and eyes, and have no lasting effect. In my career, I was aware of only 1 other situation requiring the use of CS, and that was the first Halloween riot in early 2000s.
As part of this continuing event, I became aware that a line was being formed on Wisconsin Ave to attempt to move the crowd to the State St area. Det. Masterson and I proceeded to that area to provide any assistance we could. I also heard on the radio that officers were continuing to receive projectiles in this area. As we arrived, we followed the line of officers in my vehicle until the line stopped near the intersection with Dayton St. As I approached the line, I observed that the crowd of several hundred were situated generally across the street on Wisconsin Ave. I observed several projectiles land near me and observed them to be approximately baseball-sized rocks or concrete. At that time, Lt Zanders approached me and said he had been struck in the head/helmet area and it felt like he was “bleeding from the head.” I continued to see and hear projectiles in the immediate area of officers. I felt that to effectively move the crowd back away from officers, continue to disperse the crowd and move those who would throw projectiles at officers at a greater distance, I deployed 4 40mm Skat CS rounds. Skat CS rounds are 40mm canisters that contain 4 mini-canisters of CS. These mini canisters are about the size/weight of tealight candles and dispense a relatively small amount of CS. The Skat rounds can be safely ‘direct fired’ at individuals without causing serious injury. However, consistent with our training, the Skat rounds were “skip fired” at the crowd, meaning they are directed to impact approximately 10-15 feet in front of the crowd; if they are to strike anyone directly, they would do so generally in the shin area. This skip fire also allows a great deal of the energy to be dispersed before they reach the crowd. All for rounds were fired to different areas of the crowd. The report of the deployment and CS immediately dispersed the crowd and caused the vast majority of projectile throwing to cease. I did not observe any of the mini canisters directly impact anyone, and I did not fire any of the Skat rounds with the intent of targeting any one individual. As soon as I observed the crowd dispersing, I ceased any other deployments of the Skat rounds.
In my experience, the Skat round was the proper munition to use in this situation, had the immediate and desired effect, had no adverse impact on any of the crowd members, and did not cause and injuries.
For the remainder of the evening, I continued to accompany several different clearing elements, but took no additional direct action or force.
OFFICER ANTHONY FIORE – DAY THREE
On Monday, 6/2/2020, I was assigned to lead the primary clearing element down State St. Prior to moving, we had been advised that subjects had been observed attempting to light “Molotov Cocktails,” several reports of assaults involving bats, golf clubs, 2x4s and a “pry bar”, in the general State St area. I formed a clearing team on Carroll St at W Washington. I had personnel from Madison PD, Dane Co Sheriff, State Patrol, Columbia Co Sheriff, Sauk County Sheriff, and National Guard. I advised the clearing teams of my decision to bypass the protesters at the top of State St and the Capitol Square as they appeared to be peacefully gathered and only verbally engaging officers from a distance. I was contacted by an approximately 25-year-old female who advised me she was one of the organizers of the protest and that she wanted to borrow my bullhorn to advise the people with her protest that their protest activity was over, they should go home, and that if they remained in the area, they could be arrested. I advised her we had no intention of clearing those gathered with the officers involved and thanked us repeatedly for allowing them to gather and leave without police involvement.
I did make several attempts to make a verbal announcement for those who had gathered, however, was advised by the officers immediately in our group that the bullhorn was not transmitting loud enough to be heard. I made several attempts, attempted to adjust the settings, removed my gasmask to speak directly into the microphone, but nothing was successful. I instructed the combined team to begin moving down State St. As we reached the 100 block of State St, I could see approximately 20 persons directly in front of us and could see, hear and had reported to me, projectiles falling in the immediate area of officers. I requested permission to use “gas” to move the crowd away from us and was advised by the CP to attempt verbal warnings first. I again tried to do so without success. I continued to have the teams moving forward, however, we continued to be assaulted with projectiles. At this point, officers had not deployed any gas, impact, or chemical munitions. We had not arrested anyone, nor come into physical contact with anyone. I again asked permission from the CP to deploy gas to move the crowd away from us to avoid physical confrontations with the crowd. We were repeatedly advised by the CP that additional damage was occurring down State St and to expedite our response. I felt that if we moved faster, we would have caught those in the immediate area and the likelihood of physical force would have increased greatly. Shortly after my second request to deploy gas, I was advised by the CP that we could deploy gas if we had attempted to give verbal warnings, which I had on at least 1O occasions. At that point, I observed several grenadiers within the various teams deploy different gas munitions. This had an immediate impact, and I felt that deployment of gas stopped nearly immediately after the crowd began to disperse. We were then able to deploy all the way to the 500-600 blocks of State St without significant interference. During this deployment, I made the determination to have the National Guard serve as our rear-guard, believing that not many people would remain in the State St area. However, once we began to move away from the intersection of State St and Gilman St, with the National Guard remaining, it was clear that crowds were confronting them. I advised Det. Masterson to join the National Guard and provide any assistance needed. Once the 500-600 blocks.of State St were secure, we made another small move to the also secure the 400 block of State St.
I was then requested by the CP to have officers move to the area of Riley’s Liquor as looting was being reported. I moved a small team to that area as well.
I had units continue to secure these areas until they were relieved by the CP.
Lt. A. Fiore #2864
OFFICER CHRISTOPHER MASTERSON – DAY ONE
On Saturday May 30th I was called into work through a Madison Police Department “All call” and arrived around 7:30pm where I was assigned to Lt T. Fiore and the SET munitions vehicle. My assignment was to deploy in the area of the protests and resupply and provide grenadier support for those assigned to the front lines. Throughout my shift I was wearing the full standard MPD uniform with an external vest carrier, if we were in an area where there was a potential for projectiles I wore a blue hard helmet on my head. There were points at night that I had to wear a full faced gas mask due to the release of CS gas (tear gas) and OC or pepper spray.
At approximately 8:30pm I responded to the bottom of 200 State St to provide additional chemical munitions to the grenadier assigned to the group. As I was doing so officers reported that rocks were currently being thrown and that a helmet face shield had been broken because of the rocks being thrown. Lt Fiore told me to move to the line and address those throwing rocks at the officers. As I approached the line I observed rocks varying in size from golf balls to baseballs laying on the ground. I stood next to the Noodles building and asked the officer standing there where the rocks were being thrown from. As the officer pointed out the parking lot I could see 10 people there in the lot across the street and one of them was making a throwing motion. Shortly afterwards I heard the rock land just past the line of officers, I noted it was a rock similar to the others laying on the ground nearby.
I know that rocks of that size being thrown in the manner that they were was a danger to the officers, even when they wear protective SET hard gear. The gear does not completely envelope the officer, it only covers the chest, head, back and legs of the officers. There are numerous areas that the equipment cannot cover and still allow the officers to move freely. I believe a rock, varying in size from a golf ball to a baseball, were to hit the officer in an unprotected area it could cause a broken bones, large lacerations, contusions or other injuries. If the rock struck the officers helmet it could; and on later dates did, cause head injuries. Based on these observations I believed that these subjects behavior was both assaultive and violent and that they were not stopping their behavior as the officers stood still at the end of the street protecting all of the officers that were located in the 200 block of State St.
After the first rock landed behind me I confirmed that I had loaded a 40mm eXact iMpact foam round into my singe 40mm launder. I moved to the front of the line and looked into the parking lot to the north of my location, across Johnson St. As I did so I noted that some people began to run away, I believe that they had seen me raise my 40MM launcher and it in their direction at a low ready. I observed a white male approximately 100ft from me in the parking with brown hair in his 20’s make another throwing motion that I would describe as similar to an outfielder in baseball throwing the ball to the catcher. The subject took a running start and the throwing motion indicated that he was trying to throw this as hard as possible. A few seconds later the rock again landed near the line. I could not fire at the subject at this point as there was traffic still moving on Johnson St. After the traffic cleared I could again see the subject and that there was some sort of wall behind the subject. I noted that there were others that were near the subject throwing, but none behind him. I saw that the traffic was stopped at the light on State St. and focused on the rock throwers in the parking lot.
I saw the same subject seen throwing rocks before begin to run forward with the same throwing motion. Based on my previous observations and current one, I believed that the subject intended to again throw a rock with the intention of hitting an officer with it. I brought up the 40mm launcher and placed the subject’s stomach in my sight, knowing that at the distance the subject was the round would strike closer to the top of his thigh, I fired the round with the intent of ceasing the subjects throwing of the rock. As I fired it appeared as the subjects throwing motion was cut short, from the distance we were at I could not see where the 40mm round struck but based on his throw cut short I believe that the round struck the subject. The subject then ran back to the short wall that was behind him, climbed over it and I lost sight of him.
I reloaded the launcher with another eXact iMpact round as another subject threw a rock from about 30 feet to the north east of the last person. This individual appeared to be a black male wearing a backpack. When I brought the 40mm launcher up to target the suspect thrower he began to run north east away from our location. As he did so he stopped a few times and bladed his stance as if he were going to throw a rock but never did. He continued to run out of the range of the 40mm impact round distance. I noted that there was no one left in the parking lot areas and there were no additional incoming rocks. I returned to the munitions vehicle and Lt Fiore and I continued down State St to resupply other grenadiers.
OFFICER CHRISTOPHER MASTERSON – DAY TWO
On Sunday May 31st I was again assigned to Lt T. Fiore and the SET munitions vehicle. My assignment was to deploy in the area of the protests and to both resupply and provide grenadier support for those assigned to the front lines. Throughout my shift I was wearing the full standard MPD uniform with an external vest carrier, ifwe were in an area where there was a potential for projectiles I wore a blue hard helmet on my head. There were points at night that I had to wear a full faced gas mask due to the release of CS gas (tear gas) and OC or pepper spray.
At approximately 10:00PM Lt Fiore and I were out driving in the downtown area when we heard deputies calling out that they were surrounded and being assaulted by a crowd. We heard over the radio that they were being surrounded and a deputy had been punched in the face. The deputies advised that they were in front of the Old Fashioned restaurant. Lt Fiore and I pulled up to the intersection of East Washington Ave and Pinckney St and stopped our munitions car. We saw Sgt Loredo and his SWAT response team pull up behind us. Lt Fiore and I saw the crowd still gathered around the Old Fashioned business. We were still unable to see the deputies. At this point because we had no other options to move the crowd Lt Fiore threw a CS canister. See his report. I stayed next to Lt Fiore armed with a 40mm Less Lethal launcher loaded with an eXact iMpact round. I saw immediately after Lt Fiore threw his first canister a person that I believed was a male based on his build reached down and threw the canister back at us, the canister landed off to our side.
It should be noted that the canister Lt Fiore threw was a metal container that weighs approximately 1-2 pounds. It becomes extremely hot after being ignited to the point it will burn human skin on contact after a short time. When these canisters are thrown into a crowd by SET members they are intentionally aimed and thrown away from people to avoid hitting anyone, due to the propensity of injured if struck by the device.
Lt Fiore indicated that he was throwing another device so I continued to stand nearby. When he threw the device towards the crowd it landed approximately 50-100 feet from the crowd. I saw the CS canister ignite and begin to disperse CS. I observed a person that appeared to be the same person that previously had thrown the CS canister, run towards the device as before reach for the canister when it was on the ground. As soon as the subject did so I believed, based on the last canister being thrown towards us moment earlier, that this canister would be as well. I brought up my 40mm launcher and aimed at the side of the subject’s thigh because he was standing in a bladed stance as he reached for the device, another indication that he was attempting to throw the device. I deployed 1 round to stop him from throwing it back at us. The round appeared effective in that the canister did not get thrown all the way back towards us. The subject ran back into the crowd that was off to the sidewalk on the city side of the street. Lt Fiore threw one last device and someone again ran towards the device but they never attempted to pick it up.
We stayed on scene after the crowd had dispersed. No one reported any injuries to myself or the officers that we were with. We observed the crowd move down Pinckney St towards Mifflin St and then towards Wisconsin Ave. We then proceeded to the corner of Pinkney St and Mifflin St and stood by for further orders.
A short while later Lt Fiore and I responded to the intersection of Wisconsin and Mifflin where a line formed and the team began to push the protestors down Wisconsin towards Langdon St. Lt Fiore and I had the munition vehicle 25-50ft behind the line. From our position we could see rocks and other objects continuing to be thrown by the crowd. At various times I observed officers on the line getting hit with those objects. It was around this time that I was standing near observed Lt H. Zanders get hit with an object thrown by someone in the crowd. I was approximately 5 feet from him when his head snapped back and to the side. I went over to him and he made a comment about his head bleeding. Shortly after that gas was deployed on the crowd and our team began to move forward on Wisconsin towards Langdon St. As we moved forward I threw approximately 3 CS Speed Heat canisters towards the crowd in an attempt to move them back. I noted that all of my canisters landed on the ground near the protesting group. I observed numerous officers getting hit with rocks and other objects as we moved up the hill. I helped one officer back away from the line after he was hit in the groin who was hit with a rock. I could see grenadiers up and down the line throwing gas canister and people attempting to throw the gas canister back at the officers or using a traffic cone in an attempt to cover the gas canister, which is a method used in an attempt to defeat the gas.
As we made our way up Wisconsin Ave our line stopped just before Gilman St. as we did this the National Guard troops stationed on the far left side of the line started to take projectiles again. I could hear the shields they were carrying getting hit with projectiles from the crowd and I could see rocks landing behind my position. I heard a nearby grenadier call out that he was throwing gas canister, he was 5 feet to my left. I observed a white male run forward from the crowd as soon as the gas landed and attempt to pick it up the canister. I observed him run forward, stop with his left foot forward in a 45 degree bladed stance and bend over I had a clear view of both his right and left legs. I believed the subject was attempting to pick up the canister to throw it back at the officers and myself on the line. The subject was 30-50 feet from the line when he did so. I came to the front of the line and raised my 40mm launcher and right as the subject picked up the canister that I believed he was going to throw based on his body positioning I fired an eXact iMpact round in the right hamstring of the subject in an attempt to stop his from throwing it. We were close enough that I saw the round strike his leg. Immediately after my round struck I observed another impact round fired by a non-MPD grenadier strike the subject in his buttocks. The subject dropped the canister jumped up and ran back towards Langdon St and the crowd. I did not see that subject again.
We continued to push to Langdon St where we stopped. We turned around on the top of Langdon St and made our way back down Wisconsin Ave to Mifflin St again where we stood by. When the Air National Guard troops were picked up by the busses and left for the night we made our way down to the 100-200 blocks of State St to resupply them with munitions. While we were there with them we were advised that calls were coming in of a dumpster fires near Gorham on Wisconsin Ave. Lt Fiore and I headed back to that location to again provide grenadier support and resupply grenadiers.
Once we arrived and began to follow the line on Wisconsin I could see one dumpster fully engulfed in flames in the middle of Wisconsin Ave. Our line began to move forward when I observed a white male approximately 20 years old pushing a metal dumpster on wheels that was fully engulfed towards the line of officers. There were numerous officers that were in direct line of the dumpster and it looked like the subject pushing it was gaining speed. It was my belief at that moment that the subject was attempting to harm officers by the use of a very large and heavy object and with fire. Both the size and fire could easily cause injury or death to the officers if they were unable for whatever reason to get out of the way of the dumpster. The subject was alone and separated from the crowd approximately 200 feet. When he moved to within 75ft of our location I deployed a 40mm eXact iMpact round and his stomach area, with the intent on stopping his violent behavior. Due to smoke and my gas mask I was unable to see if the round struck the subject but he did continue for a few more steps to push the dumpster until he stopped and sprinted back towards the crowd.
We continued to move forward and I stayed on the left side of the line as we moved. We continued to take more projectiles from the crowd and I continued to hear rocks hitting shields and officers stepping back as they got hit with projectiles. I noted that there were again rocks on the ground that varied in size from quarters to softball size chunks.
Once back on the line I observed an individual standing under a tree near 512 Wisconsin Ave. I observed the individual as the line move forward continue to throw projectiles at the line. Based on the location of the officer getting hit with a rock causing injury as well as others reports rocks hitting them I believed that this was the subject throwing the rocks. There was some sort of bush or shrub directly behind the subject and they would step out from the tree they were using as cover to throw. There was no one standing immediately next to or behind this individual. Our line had to stop at one point and I moved to the side closest to the rock thrower. When the individual stepped out from behind the tree in a bladed stance and pulled his/her arm back, as if to throw something, I deployed a 40mm eXact iMpact munition. I aimed for his upper thigh area and deployed 1 round.
Due to how dark it was under the tree and the subject wearing dark clothing I was not only unable to see gender or race, I was also unable to see if the round struck the subject. The subject ran backwards past the bushes or shrubs and I lost sight of him.
As we continued our push up Wisconsin Ave I threw approximately 3 CS Speed Heat canisters towards the crowd at different points in our move up Wisconsin Ave towards Langdon St. Throughout the entire time I could hear projectiles, mostly rocks, landing near our line or hitting the shields being carried by officers. All of my canisters landed just short of the crowd to avoid hitting anyone with it while allowing it to be as close to the group as possible to disperse the crowd. It should be noted that when I threw my first canister near Gorham St I pulled the pin and held the spoon in. This should have allowed me to hold the canister indefinitely until the spoon came off. However, shortly after I pulled the pin the canister ignited and I was forced to throw it. I was able to do so safely towards an area where the group was still close to officers and not moving back, however, I did burn my right index finger.
As we made our way to the top of Wisconsin I was on the left side of the line standing behind the Wi Air National Guard. While doing so I was continuing to hear rocks hit shields and bounce off the ground nearby. There were fires both in front of us being lit and fully engulfed dumpsters littering the street. As I looked around the building on the southwest side of the intersection I observed 50-100 people scattered around parked vehicles and a fully engulfed dumper. Further down the street I could see smaller fires that were just being started by the group.
I observed a gas canister thrown towards the crowd and land short of them by 15-20 feet. The canister was approx. 40-50 feet from the front of the line. I observed a black male approximately 20 years old with a red or orange shirt run from the crowd towards the gas canister. Based on the repeated attempts of subjects to throw these canisters back at officers and this subject running from the crowd and towards the canister, as opposed to away from it like a majority of the crowd, I believed that he was going to ,throw this back towards the line in an attempt to hurt the officers with the heat of the canister or the mass of the thrown object. As he did so I made my way to the front of the line and brought my 40mm launcher up to target the subject’s lower half of his body; I continued to watch him as he slowed at the gas canister which was ignited and producing gas/smoke. I watched as he stopped and began to reach down towards the canister. I noted that his stance was bladed towards the. crowd, and that his left side was somewhat facing me. As the subject reached for the canister I targeted his left buttocks and thigh. I noted that directly behind him from my perspective was a car and the crowd was .not near him. As soon as I saw the canister move because of the subject was picking it up, I deployed the 40mm eXact iMpact round. The round was immediately effective as the round struck the subject in the buttocks area. I observe the subject jump and turn to run, leaving the gas on the ground. I did observe the individual reach back and place a hand on his buttocks area where the 40mm round had struck. The subject continued to run towards the crowd and disappeared into the crowd. I did not see that individual again.
We continued down Langdon St towards Lake St. During this time we continued to have rocks and other objects thrown at officers and myself by the crowd, as I heard them hitting the concrete around us and the shields and protective gear carried and worn by officers. We passed numerous fires started by the crowd to include dumpsters, trashcans, round wood poster boards on the corner of streets and other unidentified flammable objects. I continued to watch as other MPD officers threw gas canisters and grenadiers from other law enforcement agencies shot gas from their 40mm launchers with the intent to continue to move the crowd down the street and slow the creation of fires.
Around 222 Langdon St I encountered a subject that I observed throwing rocks or other projectiles and hiding behind cars on the left side of the street. He was a white male, blonde hair and wearing a light colored shirt.
Again, as all subjects who I had thus far deployed the 40mm impact round at, I believed that this subject presented a threat to the officers when he chose to throw projectiles at officers. As stated previously, the officers may have been wearing protective gear and may have been carrying shields but those protective items help to prevent injuries but as previously shown, they are not perfect. These hard projectiles could slip in between protective seams or articulating joints of the gear causing injuries such as (but not limited to) lacerations, contusions, broken bones, concussions or other soft tissue injuries. Specifically the canisters that were being used ignite and burn at extremely high temperatures in order to disperse the chemical agent. Just touching one of these canisters can cause burns to a subject’s skin.
I observed this individual move from behind a vehicle and run towards the center of the street where I observed a gas canister emitting gas. The canister was approximately 75feet in front of our line with a dumpster directly behind it. I saw the individual quickly stop and reach down to grab something off the ground. I noted that his stance was bladed, similar to the stance that most people use to throw something. His left foot was facing our line, his shoulders were bladed and I saw him lean away from the line. As the subject began to throw the projectile I aimed for the upper thigh of the subject. As I deployed the eXact iMpact round from my 40mm launcher the subject threw the projectile. I heard a clear thud of the round hit the engulfed dumpster 10-1Sfeet behind the subject, indicating that the round missed the subject and hit the dumpster. The subject then ran back to the area that he can come from and continued running towards the crowd. I saw that the canister was thrown in the lines general direction but did not see it land.
We continued to move down Langdon St and shortly after I fired my impact round I saw a deputy launch a 40mm round further up ahead of the crowd on Langdon St past Frances St. I am unsure if the round caused the crowd to move down Frances to State St or the crowd have voluntarily chosen to go down Frances St. We continued to follow this group and they broke through the windows of Brats in the 600 block of State St and then the UW book store in the 700 block of State St.
OFFICER CHRISTOPHER MASTERSON – DAY THREE
On Monday June 1st I was again assigned to the SET munitions vehicle, on this date with Madison Police Officer James Imoehl. My assignment was to deploy in the area of the protests and to both resupply and provide grenadier support for those assigned to the front lines. Throughout my shift I was wearing the full standard MPD uniform with an external vest carrier, ifwe were in an area where there was a potential for projectiles.I wore a blue hard helmet on my head. There were points at night that I had to wear a full faced gas mask due to the release of CS gas (tear gas) and OC or pepper spray.
At approximately 2am on June 2nd there was a line formed at State St and the square. The line moved quickly down State St towards the 500-600 blocks. As we were driving by I could see that almost every business that we drove by it they did not have their windows boarded up they were smashed and there was glass on the sidewalk. As we made it into the 400 block of State St Officer Imoehl and I were still in our munitions vehicle and near the rear of the group moving down State St. The only people behind our vehicle protecting the flank of the line were the Wi National Guard (WiNG). As we moved into the 500 block of State St Lt Fiore ordered Officer Imoehl and myself to stop and deploy with the WiNG as their grenadier support as they did not have any.
I exited the vehicle and was able to get a WiNG soldier to sit in our munitions vehicle to ensure that it was protected. Due to noise and radio traffic I had not heard if CS gas had been approved by the CP to be deployed. I called out on the radio to permission to deploy the gas as I noted that the crowd coming towards the WiNG was growing in size and they looked agitated. There were individuals that were walking at a faster pace, almost hoping up and down screaming and pointing at the WiNG soldiers standing in the line. I was unable to hear specifically what was being said but facial features and body language made me believe they were angry or upset. As I stood behind the line ofWiNG I heard the·CP say that gas was approved but only after verbal warnings if possible.
Almost as I heard the CP authorizing gas over the radio a large glass bottle that I believed was a 1.75L “handle” style bottle filled with a liquid flew just over the head of the soldiers in the line and crashed to my left on the road shattering on the ground. This size of bottle, even with protective gear, can cause serious bodily injury due to its size and weight but also the shattering glass can cause lacerations or of it were to get into someone’s eyes could cause serious injury or even cause someone to lose their sight. Based on these concerns that the group had thrown and may continue to throw these large objects, I removed the pin from the CS Speed Heat canister and threw it to the front of the crowd. I saw the canister ignite and then begin dispersing gas.
I observed a male run up to the front of the group and pick up the gas canister and throw it towards where we were standing. I did not see how it landed in its final position but it was directly in the middle of the line at our feet. I still had my 40mm launcher and an eXact iMpact round in it. I moved back to the front of the line and I observed Officer Imoehl throw a gas canister. When it landed a subject moved towards it from the crowd, due to other gas in the area I could not clearly make out gender or race. I did observe the individual attempt to pick up the canister. Due to the 2 pervious canisters being thrown back towards the line I believed that this subject was attempting to do so as well. I observed that they were mostly alone and the rest of the crowd was back a significant distance. I moved to the front of the line and aimed at the lower part of the subjects thighs. When the subject reached down in an attempt to pick it up I deployed the impact round. I did not see the results because almost immediately after I shot I took a deep breath and inhaled CS gas. It completely filled my gas mask and I moved laterally away from the where I was standing I continued to be unable to see. Once off to the side I burped my mask and was able to see again.
When I looked back at where I had been standing so I observed a gas canister that I would have been standing directly over. With the canisters being thrown back, the crowd still close to the line and projectiles still landing around my position, I returned to the munitions vehicle and retrieved 4 x 40MM SKAT CS rounds. These rounds when fired out of the 40MM launcher fly a short distance and break into three smaller pieces approximately the size of a tea candle and ignite dispersing CS gas.
I returned back to the line and made my way to the front. The crowd was approximately 50ft in front of the line. I brought up my 40MM launcher and deployed 4 x 40MM SKAT CS rounds. Each round was aimed and fired at the ground. My aim point was 15-20ft in front of the closest person in the crowd. I did not specifically target individuals, rather point in the crowd that seemed closer to our line. The 4 rounds were successful in moving the crowd back over 100 feet and dispersing them in all directions. At this point I stopped and waited for further commands as what was left of the crowd was too far away to successfully throw rocks at the soldiers.
Approximately 30 minutes later I was assigned to again support the WiNG move down Broom St to Riley’s Liquor as there were active reports of looting inside the business. We moved to the intersection of Broom St and Gorham St. We did not encounter and issues as we moved to that location. After we noted no issues Officer Imoehl and I began to leave when Capt. Tye, who was still at the intersection called us back because the soldiers there were taking projectiles from further down broom near Johnson St.
When I returned I noted that the area that the projectiles were being thrown from was on the left side of the street near the automotive store. It was at the edge of the range for the 40MM impact rounds and it would be too dark because of tree coverage to safely identify and deploy the impact rounds against. However, given that as I stood there I could see the clear outline of a multiple individuals wearing dark clothing somewhat backlit throwing projectiles that landed on the ground near my location behind the soldiers on the line, these individuals were a danger to the soldiers on the line. I noted that there was no traffic on Broom St and I waited for a break in traffic. Once I had that opportunity paired with an individual making a throwing motion I deployed a 40MM SKAT CS round. Due to the distance, approximately 75-100 yards I aimed for a spot on the ground that I could see was clear of people 25-30 feet in front of the group. The round skipped and landed near the group causing them to disperse. There were no additional projectiles thrown at the soldiers.
Detective Christopher Masterson #3817
OFFICER MICHAEL DAVENPORT
On 5/31/2020 at approximately 22:30 in the 10 block of W. Mifflin Street between Wisconsin and State Street, I was dressed in full MPD Military style Special Events Team (SET) uniform, including full Hard Gear including gas mask, face shield and protective armor, which prominently displays Police as well as having MPD style patches affixed to it.
At this time, the SET tean:i as well as the Wisconsin National Guard and other agencies had formed a line on the capital square. Announcements had been given at this time stating that it was an unlawful assembly, and that the crowd was ordered to disperse. The crowd did not listen to or obey these orders at this time. The decision had been made by the command post that the line was to begin to push to safely disperse the crowd, as they had begun to throw projectiles, and I had been notified that just prior to that, the Wisconsin State Patrol had taken rocks, bottles, glass, and that an officer had been punched in the face.
Once the decision was made to begin to move, there were people that were flanking around towards the capitol side. I did yell to get back, and please disperse. These people then did continue to advance towards and approach the line. I did then deploy a short burst of a MK IX pepper spray deterrent at what appeared to be a group of 2-3 specific individuals that were approaching the line together after having been ordered to disperse. I did also observe and hear that other officers were also forced to deploy MK IXs as well as other deterrents as well. The short burst that I did use appeared to have a positive effect, and the 2-3 individuals that it was directed at did turn around, and not attempt to cause harm to myself or other officers in my immediate area.
This concludes my use of force for 5/31/2020. NFA Det. M Davenport 4035
OFFICER TYLER DUDEK
Ok – this is intersting because of how they gathered their intelligence – Facebook.
PART THREE, FOUR, AND FIVE?
I believe there are additional reports from officers who used force that were mentioned in these reports that were not included. Also, these reports do not include Dane County Sheriff’s office and others who were reported to be using force. So . . . I will continue on my search.
