In response to the alders requests about police response to initial George Floyd protests , this is what the police department released. It’s 100 pages, but my guess is there are some incidents missing.
COVER LETTER
Here’s the full pdf. MPD council release
City of Madison Common Council
Attn: Alders Kemble, Rummel, Moreland, Prestigiacomo, Martin, Evers, and Foster 210 Martin Luther King Jr. Blvd.
Room 417
Madison, WI 53703 Alders,
This letter and the attached are reply to your public records request for Madison Police Department case reports associated with cases from “last night”. Because of the date of your request I interpreted “last night” to be 5pm-5am 5.31.2020-6.01.2020. MPD 20-191347 is an event case report meaning reports from officers from multiple days are included in this case report. I have included the case reports only that reply to your request for MPD 20-191347; where an officer did one report that included multiple days, some within the scope of your request, I included the full officer reports. MPD cases included in your request are 20-191347, 20-194093(o), 20-194120, 20-194168(o), 20-194186(o), 20- 194221(o), 20-194235(o), 20-194259(o), 20-194273(o), 20-194286(o), 20-194331(o), 20-194338, 20-194339(o-e-referred criminal), 20-194542(o), 20-195416(o), 20-195798, 20-195847(o), 20-902302(o), 20-902303, 20-902303(o), 20-902306(o),
20-902232. As you see above, some case numbers have “(o)” behind them; these case are open and active according to the investigator in charge of these cases. I am denying you access to MPD cases that are open and active as release at this time would hamper investigation and potential for prosecution. Because I am sure you will be curious, case numbers that begin with a 900 case report are self-report. For the reports I am providing, I have redacted personally identifiable information of subjects in the case reports. I have also redacted the identity of a juvenile and the adults that could identify said juvenile as required in the law. I have redacted a reporter of information as I believe it is a safety concern to release her name. I am redacting the names of two individuals where unsubstantiated allegations have been made but where MPD was unable to connect with the individuals or establish probable case for arrest. These redactions are explained further below. If you have questions please reach out via email at jlaundrie@cityofmadison.com
Under the Wisconsin Public Records Laws, records custodians must carefully weigh the competing public interests involved when deciding to release any record in their possession. Custodians begin with a presumption of complete public access to such records. However, custodians must consider whether inspection of the record could result in harm to the public interest that would outweigh the benefits of such inspection. When such harm substantially outweighs the benefits of public inspection, such records or portions thereof, must remain confidential.
I have redacted information in this report due to the fact that it contains confidential juvenile material. Wis. Stats. 48.396 and 938.396 relating to peace officers records of juveniles prohibit the release of such records except in certain circumstances.
I have redacted information from this report under Wis. Stats. 19.35(1)(am)2.a. which states that the right to inspect does not extend to records where release could endanger the life or safety of an individual.
I have redacted information in these records because the content would reveal highly personal and private information concerning a sensitive investigation including the identity of individuals where unsubstantiated allegations have been made where MPD could not contact them or establish probable cause, the disclosure of which would likely have a substantial adverse effect on important public interests without any counterbalancing benefit for the public. Release of this information would deter persons from reporting allegations and cooperating in investigations and prosecutions.
I have redacted personally identifiable information composed of birth dates, home addresses and private telephone numbers relating to cooperating contacts. Release of this information would facilitate identity theft crime and thus would be contrary to the well-established public interests in crime prevention and reduction (19.36(13) Wis. Stats.). Additionally, releasing this information would be contrary to the public interests in crime detection and crime fighting in that witnesses may be reluctant to report what they know to the police if they have the fear that this personal and sensitive information is subject to release upon a public records request.
Your request for reports marked with (o) is denied because the records you have requested are part and parcel of an ongoing investigation. Although the investigation into the instant allegations may be complete, in cases such as these, the MPD continues to monitor the situation and conduct additional enforcement/investigative activity as warranted. Providing copies of these reports during this period of monitoring could compromise the effectiveness of these activities. The public interests in protecting the integrity of ongoing investigations is an explicit exception to the general rule of access to public records, see secs. 19.35(1)(am)1., 19.36(10)(b), Wis. Stats. These same considerations are embodied in the well- recognized exception to the Open Meetings Laws that permits public bodies to meet in closed sessions to discuss strategies for crime prevention and detection. The records of this investigation must be kept confidential at this time in order to protect the public interests in conducting this investigation, in promoting crime detection and in promoting crime prevention.
I have reached the above conclusions after weighing the reasons for nondisclosure against the public interest in disclosure and taking into consideration laws which either require or prohibit the release of certain records or information. For the reason(s) set forth above, I have concluded that the public interest in nondisclosure of the redacted information outweighs the public interest in disclosure. Pursuant to Sec. 19.35(4)(b) Wis. Stats., I advise you that this determination not to disclose the information described above is subject to review by Mandamus under Sec. 19.37(1) Wis. Stats., or upon application to the Wisconsin Attorney General or the Dane County District Attorney. I have consulted with the City Attorney regarding the denial of access for a portion of this record per 3.70(6) MGO.
Sincerely,
Julie A. Laundrie
Madison Police Department Records Custodian
USE OF FORCE REPORTED
These are the sections of the reports where they specifically identified that they had to report “use of force”. This is part one. There are more, just ran out of time and they aren’t as clearly labeled so it will take combing through the 100 pages better, will have it tomorrow.
OFFICER KEVIN COSTIN
Use of Force
Upon deployment, our platoon linked up with State Patrol Officers at the top of State St and the Capitol Square. The protest group continued around the Capitol Square and marched down E Mifflin St toward our platoon. We formed a line of officers on W Mifflin St and met with protesters between State St and Wisconsin Ave. Per MPD command, an unlawful assembly was declared along with a notification of the isthmus curfew violation (9:30pm) and the group was ordered to disperse. The protesters refused to vacate the area and officers began to deployed CS gas and OC spray with projecto jets.
Almost immediately some protesters began partaking in assaultive behaviors and again were throwing rocks at officers. As our platoon marched toward Wisconsin Ave, I observed a black male wearing a beige hoodie pick up and throw an unknown projectile at officers. I deployed a 40mm less lethal round aimed at the subject’s lower body. It is unknown if the round made contact, but the subject ran away.
As our platoon continued to march northbound on Wisconsin Ave toward E Dayton St, I observed another shirtless white male throwing an unknown projectile at officers. I deployed another 40mm less lethal round aimed at the subject’s lower body. It is unknown if the round made contact, but the subject fled running outbound E Dayton St.
Our platoon continued to march to the intersection of Wisconsin Ave and W Gorham St. The crowd of protesters still had failed to disperse and continued traveling northbound on Wisconsin Ave. The protesters kept their distance across the intersection. A second round of announcements were given to the protesters declaring the assembly unlawful and in violation of curfew. I heard several loud responses from the crowd saying “fuck you.” Officers deployed additional CS gas and I observed an unknown male attempt to pick up a canister to throw back at officers. I deployed another 40mm less lethal round at the subject aiming at his lower body. It is unknown if the round made contact, but the subject ran northbound on Wisconsin Ave.
Our platoon continued to clear the entire street of Wisconsin Ave up to Langdon St before marching back to the Capitol square. The protest group however reassembled and began starting dumpster fires in the E Gilman St area. Our platoon then marched back northbound on Wisconsin Ave to clear the street a second time.
At the intersection of Wisconsin Ave and W Gorham St, I observed a flaming dumpster being pushed toward the line of officers by two unknown males. I deployed a40mm less lethal round at the subjects in attempt to stop them. One of the males also appeared to be trying to throw a flaming projectile, but was not successful. It is unknown if either male was struck as they fled, but they ceased pushing the flaming dumpster which stopped before reaching officers. Our platoon continued to clear Wisconsin Ave and then Langdon St in pursuit of the protesters who continued to start several fires along Langdon St. The above uses of force were reported to Sgt K. Tieu.
NFA – PO K. Costin 5089
OFFICER KRAIG KALKA
Officer Recordable Use of Force
On 5/31/2020, I was assigned to work a protest event in which I was assigned in a SET capacity. Prior to 10PM, officers were alerted over the radio that a fellow officer had been struck in the face and that officers out on the street, who were not wearing hard gear, were taking projectiles such as rocks. At that time, the Command Post gave us the order to gear up with our hard gear and go to the area of W Mifflin St. and State St. I was working with a SET platoon and was given the order to conduct crowd control to move the crowd off of Mifflin St. onto Wisconsin Ave. At this time, I was dressed in my SET hard gear with a fully military uniform underneath of that. I was acting in my full, official capacity as a law enforcement officer at this time.
The Command Post had given the order that authorized the use of chemical munitions was granted, given the fact that the crowd was throwing projectiles, including rocks and bottles, at officers, who were wearing hard gear. An order was given for the crowd to disperse and as the line started to move forward, I was working on a flank on the right side, towards the capitol side of Mifflin St. As we began to move, I observed a white male wearing a white t-shirt who had on what appeared to be brown pants and was holding a camera. At the time I observed this male, he was standing approximately 10 feet away on the sidewalk area of Mifflin St. towards the capitol from my location. As I observed this male, I immediately began to feel projectiles striking my uniform and helmet and I believe those projectiles to be rocks. Those rocks were being thrown from somewhere behind this male’s location. I began to give the order for the male to back up and at that time I then observed an unidentified individual coming closer to me from directly behind where the male with the camera was and I believe that to be the individual who was throwing rocks. That individual began to aggress onto the area where the officers were, including myself. As he continued to move closer, so did the male with the camera, and I gave the order for them to get back, and at this point in time, I did use two short blasts of a MK9 as I am trained to do so. Those blasts were in the direction of the unidentified individual who was moving up directly behind the male with the camera. The male with the camera was inadvertently struck with OC spray from the MK9. The deployment of the MK9 did appear to be effective in backing away the other unknown individual whom I believe to have been throwing rocks at officers.
NFA – PO Kalka 5095
OFFICER DANIEL SHERRICK
Use of Force
On 5/31/2020, I was assigned to the Special Events Team contingent that was stationed in Central Madison. The 31st marks the second consecutive day of protests in Central Madison. The first incident had resulted in a full SET team deployment in hard gear due to officers being attacked with missiles, projectiles, and other instrumentalities.
During the incident in question, I was operating in my capacity as a sworn law enforcement officer of the City of Madison Police Department and a member of the Special Events Team. I was dressed in full MPD style uniform, over which I was wearing my Special Events Team issued “hard gear,” which includes protective padding and a helmet. I was also wearing a gas mask at the time.
At the time of my use of force, my platoon was deployed to the inner square of the city capitol. Prior to and at the time of my use of force, officers appeared to be outnumbered by the crowd standing before them.
Additionally, members of the crowd were beginning to flank officers. Prior to my use of force, the crowd had been ordered to disperse. The incident in question took place after the 9:30PM curfew that had been established by the mayor’s office.
Prior to the use of force, I had been struck in the leg with at least two projectiles, and many more projectiles had landed within several feet of me. These projectiles included small rocks, as well as larger batteries that were being thrown by members of the crowd that was assembled.
During the initial move forward by the SET line, after orders had been given for the crowd to disperse, although the majority of the crowd began to move backwards and retreat in the opposite direction, several subjects continued to encroach the line.
In total, during this initial push towards Wisconsin Ave. I utilized my MK9 oleoresin capsicum dispenser 3-4 times. In total, my spray was directed at between 7 and 9 subjects. These subjects, as previously mentioned, were encroaching upon the line and impeding upon the safe movements of the Special Events Team. Their actions were actively resistive towards law enforcement efforts to safely disperse the crowd.
The subjects that were impacted by my oleoresin capsicum spray were, to the best of my recollection and ability to process and perceive, were all male. There were several white subjects as well as several black subjects. One of the black subjects had braided hair, which appeared to be a lighter tint. He also appeared to have some sort of face mask on. It was a half mask. I recall that two of the white male subjects had longer, shaggier hair, and were of skinny build. The oleoresin capsicum was dispersed in a manner consistent with my training, as well as Madison police SOP, which only allows the use of oleoresin capsicum against subjects who are actively resisting or where there is the threat of active resistance.
Later during the incident, approximately 30 minutes later, as the SET team was attempting to move northbound on Wisconsin Ave., and as the SET team was continuing to be struck with projectiles, and as fires were being burned on Wisconsin Ave., there was a white male subject, taller, who appeared to be in his early 20s, of skinny build, and wearing a robe, who, after lawful orders to move with the rest of the group, sat down with his back facing officers. At this point, I did not have any oleoresin capsicum remaining in my MK9 dispenser. Officers attempted to shoo this subject up and along, but he continued to sit, interrupting our progress and compromising the integrity of the Special Events Team line. As officers were attempting to get the subject to stand up and walk, I utilized the end of my baton to attempt to push the subject’s side. I did not utilize the baton in a striking fashion, but was rather attempting to push him along. Ultimately, the subject refused to stand up and move, and instead rolled to the ground, curling in a fetal position. Ultimately, I assisted in placing this subject into handcuffs, and he was later passed along to an arrest team.
NFA – PO Sherrick 5230
OFFICER MITCHEL BURKHOLDER
USE OF FORCE 5/30/2020
During the initial push from the 200 block of State St out towards Lake St I encountered several individuals who were not complying with orders to move further down the street and to leave the area. There was a female/black that was in her late teens or early twenties, that was approximately 5’8″ and 100lbs. I was consistently having to direct her and another female that was with her to leave the area and to move past the line. This female was not fully cooperating with the directions. There were numerous times where she would walk extremely slow with either her back or front facing me. There were times where she was moving extremely slow to the point where I was unable to keep up with the rest of the line that was moving forward without her slowing us down. There were a couple of times where I placed my hand on her back or shoulder area to direct her to step back from the line and to keep moving. There were also other unidentified individuals that did the same thing or that we encountered standing on the street. I kept directing people that needed to leave the area. There were a couple of people that I had at times placed my hand on their shoulder or arm area to direct them away from our line. As our line moved down State St I heard other officers report over the radio that projectiles were being thrown. I observed that people were throwing items such as rocks and water bottles. As we moved down State St I saw that numerous windows to buildings had been damaged. I also saw that some flower pots and benches appeared to have been damaged. During the time that I was having to push the unidentified female/black that was wearing all black, back there were times that I was holding my baton in both hands. While I had my baton in my hands I had pushed this female back approximately 10-15 times as she would not comply with the order to step away from the line and to keep moving away from us.
I then again was a part of the line as we made our way back up to the 100 block of State St towards the top of State St. During this walk back I observed that myself and other officers in the line were having items such as rocks, glass bottles, water bottles and other throw bow items projected at us. I had been struck by rocks or some type of other objects walking outbound on State St and I was struck by projectiles again while walking inbound on State St. I observed still more damage done to businesses and observed that the Goodman Jewelry store had received extensive damage. During all this time I observed that Grenadiers were deploying CS gas/OC spray.
Upon arrival at the top of State St I continued to hold the line as there was an extremely hostile crowd that was confronting us. There were times that they would stand only inches away from us while yelling. Things being yelled were, “Fuck the police!” and “You look like a bitch!” There were people indicating that they would like to fight me and other officers if we did not have all of the tools that we carried during the course of our official capacity as police officers. During all this time I continued to direct people to step away from our police line and to leave the area. These people continued to refuse to comply with these orders. I continued to receive projectiles thrown at me. One larger rock struck my big toe on my left foot. This caused pain and was without consent. ·
At one point around approximately 7:00pm or 8:00pm other officers had deployed CS gas again and the crowd had disbursed. I then observed a male/white individual become extremely agitated with this. He was approximately 5’10” and 140Ibs wearing an American flag style cut-off shirt. It then appeared as if he was posturing. He had his fists clenched down near his side and he was starting to walk in an aggressive manner back towards the police line. This was the same subject that I had seen earlier in the night yelling profanities at officers and getting extremely close to the police line. It appeared as if he was then actively aggressing on the police line. Due to observing that he had a clenched fist and moving towards the police line after orders to move away and clear the area, I then deployed my MK9 at him. The stream was effective momentarily as he then turned away from it and started to move backward. However, he then rotated back around and started to aggress on the police line in the same manner as described above. I then deployed my MK9 a second time. This stream also struck him in the face area. This then caused the unidentified subject to move away from the police line and disappear from view. Since he disappeared from view, I was not able to attempt any type of follow-up care with him.
Later on in the evening while at the top of State St, rioters had started to create a fence barricade in front of us. At one point the rioters attempted to then push this chain link fence closer towards us and up against us. More CS gas and OC spray had been deployed. During this time several individuals ran back up to the fence line that was near me in attempts to pick it back up and apparently push it towards us again. I had yelled for the subjects to stay back and to move away from the fencing. However they did not comply with the orders. Therefore I deployed my MK9 again towards these individuals. This was done to keep them from aggressing towards our police line and to prevent them from constructing a barricade in front of me. There were approximately three unidentified individuals that I had deployed my MK9 against during this time. It was successful in getting the individuals to disburse and move away from our line.
Later on in the evening while I was still on this holding this police line next to Ian’s Pizza, several individuals had pushed dumpsters up against next to the fencing as well. There were several different times where individuals then attempted to push these dumpsters down the small incline towards other police officers. When the first individual attempted to do this, I deployed my MK9 at them. The contact was successful with the face area and the subject then stopped trying to push the dumpster into officers. During this same time I did see officers have to put their hands out to make contact with the dumpster and to push it back away from them.
Later on in the evening, there was an unidentified female who attempted the same thing. She started pushing the dumpster towards the officers and officers again were required to go hands-on with the dumpster to keep it from making contact with them and pushing the line. I deployed my MK9 towards this female and made successful contact with the face/head area. This female had rotated around and retreated from the dumpster. However, she again then proceeded back towards the dumpster and attempted a second push of the dumpster downhill towards the small incline towards officers. I again deployed my MK9 which had successful contact with her face area. This female then fled from view.
During all this time subjects were still continuing to yell threats of harm to myself and other officers. I was continuously receiving projectiles such as water bottles, rocks ard at one point even a metal rod thrown in my direction. Later on the evening I even had milk jugs thrown at me that impacted the squad car that I was next to and splattered milk all over my person. Eventually I was relieved.
I described these uses of force to Sgt Tieu during the next shift on 5/31/2020.
OFFICER CALEB JOHNSON – DAY ONE
DELIVERY OF CS AGENT:
I deployed a hand-held CS dispersal device into a gap in the crowd in order to drive the crovd back and allow for the safe delivery of supplies by the other officers. I have personally experienced the effects of the CS agent in numerous training settings and I know that the momentary discomfort it causes would be likely to interfere with the ability of the crowd to continue hurling dangerous projectiles at officers.
As this device delivered its payload, it did appear that the desired effect was temporarily achieved, although prior to the delivery of all of the CS agent, the canister was thrown back at us to allow the behavior of the crowd to continue.
DELIVERY OF 40MM IMPACT FOAM PROJECTILE:
Around this same time, I observed a subject from the crowd throwing projectiles at the police. I fired a 40mm Less Lethal Impact Munition foam round at this subject in order to prevent him from causing harm to me or other officers. I am trained on the use of the 40mm launcher and I know that it is effective in creating dysfunction with minimal chance of serious injury to suspects. I targeted this round at the subject’s lower abdomen area and based on the reaction of this male subject, I believe he was struck in the intended target area. The subject made an abrupt movement and I lost sight of him as he moved through the people in the area. Shortly after the supplies were delivered, I extracted from the area with the other SWAT operators.
Throughout my remaining shift on this date, my vehicle was struck by projectiles repeatedly, and members of the hostile crowd verbalized violent intent toward me and law enforcement officers in general.
OFFICER CALEB JOHNSON – DAY TWO
DELIVERY OF 40MM IMPACT FOAM PROJECTILE:
At one point, I observed a male subject in the crowd throwing objects toward us. As this subject was approximately 25 yards away, and appeared to be preparing to throw another object toward officers, I fired a 40mm Less Lethal Impact Munition foam round at this subject in order to prevent him from causing harm to me or other officers. I am trained on the use of the 40mm launcher and I know that it is effective in creating dysfunction with minimal chance of serious injury to suspects. I targeted this round at the subject’s lower abdomen area and based on the reaction of this white male subject, I believe he was struck in the intended target area. The· subject made an exclamation of pain and ran away frantically with the person who was next to him.
DELIVERY OF CS AGENT:
I also deployed two handheld CS dispersal devices in order to create a distraction and direct the crowd away from officers. I believed that, based on my previous experience, the CS agent would inhibit the ability of persons in the crowd to throw projectiles from a close enough distance that they could reach us and cause harm. After each CS canister was thrown, people would attempt to throw it back at the police, but some attempts were more successful than others. Once the other officers were able to safely extract from the area, I left with my teammates as well.
Later that night, while driving on State Street, around midnight. We spotted a burglary suspect, whose description had been aired by the Command Post. The suspect was a black male with a red had and a tan backpack. As we attempted to maneuver our vehicle through the roadway, the suspect and the crowd apparently became aware that we were pursuing the burglary suspect. The burglary suspect darted away and began running in an out of the crowd as he attempted to stay beyond our reach. The crowd continued to follow after the suspect and was preventing us from getting close to the suspect. At one point, members of the crowd stopped, including a young white female subject, who turned toward our vehicle, and planted her feet as if to create barrier between us and the burglary suspect. It appeared to me as though the female and others were intentionally obstructing our ability to apprehend the burglary suspect. Beyond that, I felt that if the crowd boxed our vehicle in, there was a likelihood that we would be subjected to additional dangerous projectiles and our vehicle would be targeted for destruction. I was aware that the previous day, multiple squad cars had sustained damage, including a squad car that was set on fire. I wanted to avoid the possibility of being pinned down in our vehicle, and I also wanted to continue to pursue the burglary suspect, who was previously seen to be an instigator and a person who influenced the crowd toward criminal and disruptive behavior. I believed that taking this specific person into custody would be likely to have a deescalating effect on the protest event and would reduce the likelihood that police would be required to use force on additional people. I knew that if we allowed our vehicle to become trapped by the crowd and subjected to destruction, it may require significant use of force to get ourselves to safety, so I decided to use a low level of force to prevent that from happening.
DELIVERY OF OC SPRAY:
As our vehicle slowed to a stop, I leaned my body out of the window and deployed OC spray from a MK-9 canister toward the white female subject, who had taken a stand in the path of our vehicle. I have been exposed to OC Spray numerous times in training settings, and I believed that the temporary discomfort caused by the OC Spray would cause the female subject and others to momentarily cease their efforts to obstruct our apprehension of the burglary suspect. As the mist from the OC spray reached the female subject, she abruptly turned and leaped out of the path of our vehicle. The OC spray appeared to have the desired disrupting effect and our vehicle was allowed to continue.
DELIVERY OF 40MM IMPACT FOAM PROJECTILE:
Around this same time on State Street, near Peace Park, a male subject wearing a mask and carrying a traffic cone threw a large rock at our vehicle, from a distance of about 40 feet away. This rock went over the top of the vehicle and the suspect immediately appeared to search for another rock. When the suspect looked as though he found another item to throw at us, he stood up and looked as if he was going to throw it. I then deployed a 40mm Less Lethal Impact Munition foam round at this subject in order to prevent him from causing harm to me or other officers. I am trained on the use of the 40mm launcher and I know that it is effective in creating dysfunction with minimal chance of serious injury to suspects. I targeted this round at the subject’s lower abdomen area and based on the reaction of this white male subject, I believe he was struck in the intended target area. The subject gestured wildly as he turned and fled in the opposite direction. I know that numerous vehicles had been damaged by rocks, bricks, and other projectiles. I also know that several officers sustained bodily injuries from such projectiles. I am aware that some members of the crowd had attempted to place traffic cones over OC/CS dispersal devices to contain the agent. The fact that this subject in Peace Park was throwing rocks and carrying a traffic cone demonstrated to me a likelihood that he was engaged in dangerous and destructive behavior and was trying to inhibit police efforts. Addressing members c;>f the crowd such as this male can be an effective way of interfering with the rising hostility of the event and preventing future acts of violence.
DELIVERY OF CS AGENT:
Around 1:30AM, the Command Post directed our unit to respond to the 600 block of State Street to assist the SET platoons in clearing the area, as they were encountering difficulty with a combative crowd hurling projectiles and causing property damage. I deployed on foot from our vehicle with other officers and observed persons throwing objects and running through the street. I deployed two handheld CS dispersal devices into gaps in the crowd in an attempt to interrupt the violent behavior exhibited by the crowd. As the agent from the dispersal devices was spread, it did appear to achieve the desired result as people tried to flee. Some people attempted to pick up the devices and throw them at police as well. One canister of the CS agent was successfully thrown back within feet of our vehicle, and presented difficulty with visibility and our other functions.
DELIVERY OF 40MM IMPACT FOAM PROJECTILE:
While in this area, attempting to regain control with the use of CS agent, I observed a male subject throwing objects toward police from across the street near the 711 convenience store. I then deployed a 40mm Less Lethal Impact Munition foam round at this subject in order to prevent him from causing harm to me or other officers. I am trained on the use of the 40mm launcher and I know that it is effective in creating dysfunction with minimal chance of serious injury to suspects. I targeted this round at the subject’s lower abdomen area and based on the reaction of this white male subject, I believe he was struck in the intended target area as he discontinued his violent behavior and appeared to leave the area.
Report completed by Detective Caleb Johnson #4034
OFFICER MARIO GONZALEZ
USE OF FORCE
We began marching forward towards Wisconsin Ave. while simultaneously giving commands for the crowd to move back. At this time, I observed a crowd of what I estimated to be approximately 75 people ahead of us. I observed that individuals in this crowd were throwing objects such as water bottles and small rocks. I also observed that many individuals in this group were yelling obscenities and other things that I do not recall at this time. In addition to this, I observed several individuals running up to our line, stopping just shy of approximately 3 ft. ahead of us. ·
At approximately 10:30pm, I observed a male of an unknown race wearing a white half-face mask run up to our line after multiple commands to stop. I observed this individual to be approximately in his 20s and of a slender build. I also observed that he was running towards another person who stood approximately 3-5 ft. ahead of us.
Given the fact that we had been giving multiple commands for the crowd to back up and for individuals to leave the immediate area in front of us, as well as the fact that I observed this individual run towards us, I determined his behavior to be active resistance and did deploy OC spray from my MK9 canister.
I did this by raising the canister and aiming at this individual’s eyebrow as I deployed the OC spray. I observed that the spray did land in this individual’s eye. Given the circumstances, I was unable to offer any aid or assistance to this person as he retreated back towards the rest of the crowd.
On June 1, 2020, at approximately 1am, I found myself in the same circumstances described initially in this field report, only this time, at State St. and Gilman St. in the city of Madison. I again found myself in a line with other MPD SET officers who were formed with the intention of pushing an unruly crowd back and off of State St. This directive was in response to the crowd’s unruly behavior, which had ceased being peaceful and was also in violation of a temporary curfew imposed by the city mayor. As we began to march forward in this line, I observed that there was a male white in his 20s standing at the corner of State St. and Gilman St. I observed that this person was wearing a dark hoodie and a half-face mask. I observed that he was of a slender build and stood at this corner. The line of officers extended across the entire street, and we gave orders for the crowd to move back and leave the area. I observed this individual not moving as we approached him. I gave this person several orders to leave; however, he stood still. Given our directive and the fact that this individual was not obeying, I determined his behavior to be consistent with resisting and also determined him to be in violation of the curfew.
Given these observations, I determined I had probable cause for this individual’s arrest for the above mentioned violations. I went up to him and grabbed a hold of his arm, ordering him to place his hands behind his back. This individual did comply, and I did apply handcuffs; however, given the dynamic of the situation, I was unable to check them for fit or double-lock them.
I then conducted a search incident to arrest and found nothing of evidentiary note on this individual’s person. I then passed him off to a police arrest transport vehicle with pertinent arrest information.
Also on June 1, 2020, at approximately 1:35am, I was acting in my official capacity as previously mentioned and found myself under similar circumstances as previously described. I found myself at the corner of State St. and Gilman St. in the city of Madison with .other MPD SET members, preparing to push an unruly crowd back and off of State St. At this time, we began to march forward and give directives for the crowd to move back. At this point in time, I encountered an individual who stood at the corner of State St. and Gilman. I observed this individual to be a male white in his 20s, approximately 6’4 tall and 300 lbs. I observed that he was standing at the corner and disobeying directives to move away.
As we continued to approach this individual, I observed him remain standing and not moving back. Given the enacted curfew and the fact that he was disobeying our orders to move back from police, I determined his behavior to be consistent with resisting, and also determined him to be in violation of the imposed curfew.
Given this, I determined I had probable cause for this individual’s arrest and ordered him to place his hands behind his back. With several other officers, I grabbed a hold of his arm. As I did this, I observed him stiffen his arm as I attempted to pull it back.
This individual was given multiple orders to place his hands behind his back; however, he refused. He continued to stiffen his arms and did not move when ordered to do so. Given the fact that this individual was much larger than me and the other officers assisting me, as well as the fact that we were attempting to take him into custody for an arrest, I determined in necessary to position him on the ground for a safer arrest process.
I also determined this to be necessary since he was resisting our efforts to do so. I pulled on this individual’s arm by dropping my weight in an attempt to get him to the ground. I fell, and my attempt to get this individual to the ground was unsuccessful. I repositioned myself at this individual’s side and, with the assistance of several other MPD officers, were able to direct this individual to the ground.
I do not specifically recall how this individual went to the ground, but I do remember it was due to a joint effort of multiple officers grabbing a hold of him and dropping their weight, forcing him to the ground. Once on the ground, we continued attempting to apply handcuffs. I was ultimately able to secure this individual into handcuffs with the assistance of other officers. I did not check them for fit, nor did I double-lock them given the dynamic unfolding of circumstances. However, once on the ground, this individual refused to rise.
He had to be carried by several officers to the squad car. When we attempted to place him in the back of the squad car, he told us that he would stand and get into the back of the car. The resistance that this individual offered delayed our arrest process by approximately three or more minutes. At one point during the process, I did perform a search incident to arrest and found nothing of note on his person.
Also, at one point during the arrest, I recall having stabilized this individual against the brick wall outside of the Stop N Shop. I did this with the assistance of other officers. I recall this was before the subject was forced to the ground. When this happened, I stood at the individual’s side and guided him to the wall, where I then forcibly pushed with both of my hands on his upper back. I did this to stabilize him against the wall as he was attempting to shift his upper torso and face towards officers. At the conclusion of the arrest, he was ultimately secured in the back of the police transport vehicle and information was passed to transporting officers. Please see other officers’ reports for additional information.
NFA – Officer M. Gonzalez #5562
OFFICER NICHOLAS PINE
USE OF FORCE:
During the initial push east on Mifflin St sometime between 10:00 PM to 11:30 PM, I observed two other SET officers actively fighting with a subject behind the front line trying to take the subject into custody. I observed the subject to be a light skinned male black approximately 18 to 24 years old. He was wearing gray cloth shorts with no shirt on. His hair was light brown in dreadlocks style.
I moved to assist those officers with effecting the arrest. As I approached the subject I observed he was on the ground propped up onto his forearms. It appeared he was attempting to get up off of the ground as the officers were struggling to take control of him. At that time I placed both of my hands on the subject shoulder blades and attempted to push him back down to the ground. I did this to gain ground stabilization of the subject. While doing this I gave the subject loud heavy control commands to “Stop resisting.” This attempt to gain ground stabilization did not work as the subject resisted my efforts. While we were struggling with the subject I could feel his muscles were rigid and I felt him actively pushing upwards against my body weight to push him down to the ground.
At that time I moved my right hand off of the subjects shoulder while keeping down ward pressure with my left forearm. I attempted to secure the subjects right arm with my right hand to guide it around his back. I observed the subject interlock his hands together to make it more difficult to secure his arms behind his back. I again felt all of his arm and shoulder muscles remain flexed and rigid. During this time I gave the subject heavy control verbal commands to “Stop resisting,” and “Put your hands behind your back.” I was unable to separate the subject’s hands and secure his right arm behind his back as he was actively resisting my efforts as well as the other two officer’s attempts to secure him in handcuffs.
The subject continued to attempt to get up off of the ground during this time. I observed the subject had his upper body still propped up on his forearms and he was attempting to bring his knees up underneath him to get up. With this continued active resistance I used my knuckles of both of my thumbs and place them behind each of his ear lobes near his mandibular angle of his jaw. I applied inward pressure to those locations to gain compliance from the subject. I only applied pressure to.both mandibular angle pressure points for one to three seconds. This use of force was not effective and the subject continue his attempts to get up. By this time four SET officers were attempting to take this subject into custody.
Since the subject continued active resistance to my and other officers attempts to take him into custody I moved slightly away from the subject to deliver knee strikes to his right side. I maintained a hold of the subjects right shoulder area when I used my right knee to deliver three consecutive knee strikes. I struck the subject in the right side ribcage area. When I delivered the knee strikes I gave loud heavy control commands to the subject to “Get down.” After delivering the third knee strike I felt the subject fall to the ground and his body loosen up. I appeared the knee strikes were effective.
At that time the subject appeared to stop his resistive efforts. I was able to secure his right arm and assist it behind his back. Another officer secured the subjects left arm behind his back and I was able to place handcuffs on the subject’s wrists. I performed a pat down search of the subject’s pockets and waist band checking for weapons at that time. I observed nothing to note. I then preformed an assist to rise, to assist the subject to his feet. I then escorted the subject to a nearby patrol squad and handed him over to an arrest transport officer. Unfortunately due to the front line continuing to push forward I had to return to my original duties and was unable to identify the subject.
I later made contact with Sgt. Shimko to inform her of my use of force. Sgt. Shimko instructed me to contact Sgt. Tieu to enter my use of force information into blue team. I met with Sgt. Tieu on 6/1/20 to discuss this use of force.
Officer Nicholas Pine IBM #5448
OFFICER WILLIAM HOLTAN – DAY ONE
Use of Force on 5/30/2020
After arriving to the downtown area reference the ongoing protests and subsequent property damage and destruction that was occurring in the State St. area and other areas of the Central District, I was informed to respond in my hard gear to the area of State St. and Johnson St. to assist with an unruly crowd. Upon arriving in the area, I took up a position on a line along with other MPD officers who were also in hard gear, across W Johnson St. at State St.
After being on the line for approximately 1-2 hours, at sometime between 10PM and 11PM, I was informed by commanding officers that due to a fire that was occurring on W Johnson St. approximately 20 feet in front of the line of MPD officers, we would be pushing towards the fire so that it could be extinguished.
As the line began to move at the direction of commanding officers, I observed a Male/Black subject who was approximately 5’7″, 160Ibs, and was wearing blue jeans and a grey jacket, standing in front of me approximately 7-15 feet away. As the line began pushing, I gave multiple commands to the subject to begin moving backwards so that the line of officers could continue forwards. I observed that the subject stood in place and at times, began taking steps towards other officers and myself.
As I approached this subject at a distance of approximately 10-15 feet away. I discharged my MK9 OC can at the subject’s face and eye area. I observed that after discharging my OC spray for a duration of approximately 1 second, the subject turned away and began walking away from the line of officers that were walking towards him.
The dispersal of OC spray on the subject appeared to be effective, as I observed the subject after the OC spray contacted his face, turn away from me and begin walking away from the line of MPD officers who were moving eastbound on W Johnson St. I was unable to provide any assistance to this subject who had been exposed to OC spray as he left the area and did not ask me, and I did not observe him ask any other officers for assistance with the effects of the OC spray on his person.
OFFICER WILLIAM HOLTAN – DAY TWO
Use for Force for 5/31/2020 into 6/1/2020
On the evening of 5/31/2020, I was again working in my official Special Events Team capacity and was also deployed to the downtown area in full hard gear. At approximately 9:30PM, I was deployed in a line along with other MPD officers to the area of W Mifflin St. and Wisconsin Ave. Upon arriving on the line with other MPD officers, I observed that there was a crowd of approximately 100-300 people directly in front of me and other officers and that this crowd was screaming and becoming increasingly agitated as time passed with the police presence in the area. I observed that multiple announcements were given to the crowd that if they did not disperse, that chemical munitions would be deployed as on the evening of 5/31/2020, a curfew was in effect for 9:30PM, and that these subjects who were congregated in the area of W Mifflin St. and Wisconsin Ave. were in violation of said curfew.
At approximately between 9:45PM and 10PM, after multiple announcements had been given, I observed Sgt. Woehrle informed me and I observed Sgt. Woehrle inform other officers that the line was going to move forward eastbound on Mifflin St. towards Wisconsin Ave. in an attempt to disperse the crowd out of the area. A short time later, I observed Sgt. Woehrle and other grenadiers from the SET team deploy CS gas on the crowd, as the crowd continued to approach the line of MPD officers and were becoming increasingly more agitated and were also in violation of the above described curfew that had been put in place.
After CS gas had been deployed by other MPD officers acting in their capacity on the SET team, I, along with other MPO officers on the line, began moving eastbound on W Mifflin St. towards Wisconsin Ave.
Between approximately 9:45PM and 10PM, as the line began to move forward, I observed a Male/Black subject who had a mask on his face and was standing in front of me at a distance of approximately 7-10 feet away, continued to stand in place and not disperse away from the line of MPD officers who were moving towards them. Due to this active resistance by the subject who was ignoring multiple commands by myself and other MPD officers, who were stating to the subject something to the effect of, “Get back,” I observed that the subject continued to remain in front of the line and not disperse eastbound on W Mifflin St. Due to this continued active resistance, I deployed my MK9 OC canister in two bursts, each for approximately 1 second, at the Male/Black subject’s face and eye area. I observed upon deploying my OC spray that the subject turned and ran eastbound on W Mifflin St., away from myself. I would later see the subject on Wisconsin Ave. continuing to yell and scream at myself and other MPD officers, when he had moved from W Mifflin St. to Wisconsin Ave. I did not provide any follow through aftercare to this subject, as he did not seem to have any further contact with MPD officers or myself and after observing the subject for a second time on Wisconsin Ave., I did not see the subject later in the evening.
As myself and other MPD officers continued to move, now northbound on Wisconsin Ave. towards W Dayton St., I observed the crowd of individuals who had previously been near the intersection of W Mifflin St. and Wisconsin Ave. now dispersed in staggered locations near the intersections of Wisconsin Ave. and W Dayton St., Wisconsin Ave. and W Johnson St., and Wisconsin Ave. and W Gorham St.
As myself and other MPD officers approached the intersection of Wisconsin Ave. and W Johnson St., I again was given the command by MPD supervisors that the line was to continue pushing northbound on Wisconsin Ave. through its intersection with W Johnson St. As I began moving forward, I observed a Female/White subject who had glasses and blonde hair standing directly in front of me, not moving, with her hands behind her hand. I continued to give commands to the effect of, “Get back,” and, “Go home.” I observed that the subject began walking towards me with her hands still behind her head, directly at myself and the other MPD officers, who were moving in a line towards her location. Due to the subject’s continued active resistance in ignoring my commands to “get back” and “go home,” I dispersed my OC canister at her mouth and eye area for approximately 1-2 seconds. I observed as the female subject was only approximately 5-7 feet away from me, that the OC from my MK9 canister landed in the area of her eyes and nose. After dispersing my OC on this female subject, I observed that the subject immediately turned around and began briskly walking northbound on Wisconsin Ave. away from myself and other MPD officers. Due to the subject leaving the area briskly, I did not offer any aftercare or follow through actions to this subject.
As myself and other MPD officers continued walking in a line, now near the intersection of Wisconsin Ave. and W Gorham St., I observed a Male/White subject standing near the intersection and again refusing to move away from the line that was now walking towards him on Wisconsin Ave. I continued to give similar commands to “Get back,” and “.Get home,” and again observed that this Male/White subject continued to ignore my commands. As the line approached him, I again dispersed OC from my MK9 canister at this subject’s face and eye area for a duration of approximately 1-2 seconds. After dispersing my OC spray on this subject, I did not immediately see where he ran to, however, I did not have any further contact with this subject in the evening and therefore was unable to provide any follow through or aftercare actions to him.
It should be noted that the previous two described subjects who had OC dispersed on their person occurred sometime between 1OPM and 12AM on the evening of 5/31/2020 during myself and other MPD officers pushing the line of officers northbound on Wisconsin Ave., up until we reached its intersection with Langdon St. After making this initial push in an attempt to disperse the crowds, myself and other MPD officers then pushed southbound on Wisconsin Ave. until we reached its intersection with W Mifflin St. where the in.itial push had begun. At this point in time, to my best recollection, it was now the early morning hours of 6/1/2020.
A short time later, I was informed by commanding officers that we would be again now.pushing northbound on Wisconsin Ave. again in an attempt to disperse the crowd that was still staggered in large numbers northbound at various intersections on Wisconsin Ave. until its intersection with Langdon St. During this secondary push of the line of MPD officers northbound on Wisconsin Ave., at approximately sometime between 12AM and 2AM on 6/1/2020, I encountered a Male/White subject near the intersection of Wisconsin Ave. and Johnson St. As I was walking in the line with other MPD officers, I looked to my left and observed this Male/White subject pressing his body up against a nearby large tree and concealing himself behind the tree. I observed the subject was tucking his body tightly back into the tree and pinning his arms against the tree and it appeared he did not want to be seen by officers who were approaching his position rapidly near the intersection of Wisconsin Ave. and Johnson St. As I approached this subject, I called out that there was a subject hiding behind the tree, and briskly walked towards this subject. It should be noted that multiple commands were given by myself and other MPD officers continually telling anyone in the area to “Go back” and “Go home,” as we were attempting to disperse the crowd. I observed that this Male/White subject did not heed these lawful commands and was continuing to conceal himself behind the tree. Due to this subject attempting to conceal himself and actively resisting myself and other officers’ commands for the subjects in the area to leave the area, I approached this subject and dispersed my OC canister at the right side of his face and eye area for a duration of approximately 1-2 seconds. I observed that another officer in the area dispersed his OC canister at the same subject from the subject’s left side simultaneously with myself. I observed that this subject fell forward from his position of hiding behind the tree, directly onto his stomach and face area. I continued to walk forward with the line that was pushing northbound on Wisconsin Ave., attempting to disperse the crowd. I was unable to see where the subject went, but it appeared that he may have possibly been detained or arrested by other officers on scene as I observed officers attempting to pat down his person after he had landed on his stomach. I was unsure where this subject went or if he had been arrested or released from the area. I was, however, unable to provide any follow through actions as the line continued to move forward and other officers were attending to this subject after he had fallen on his stomach from his position concealed behind a tree near the intersection of Wisconsin Ave. and Johnson St.
PO Holtan 5687
OFFICER RYAN JEFFERY – DAY ONE
During the subsequent clearing of State Street, I noted that an officer I understood to be Det. Barcheski dispersed a chemical agent. I understood Det. Barcheski to be out of said force option. At approximately the same time, I was in possession of a Mk 9 can of Oleoresin Capsicum (OC). I am trained in the use of said force option, and I dispersed OC via a Mk 9 numerous times during the clear of State Street. I made a note that this occurred during both the clear down (outbound on) State Street and the clear back up (inbound in) State Street. ·
At one point, I noted that a subject appeared to grab, grapple, or otherwise attempt to strike a SET officer. I noted this subject to be a female of unknown race. I dispersed OC towards this subject, and I made a note later that she appeared to have been sprayed.
Also during clearing operations, I used my wood baton to push subjects who refused to move or otherwise impeded police attempts to clear the street. I generally held onto my baton at both ends, and I held the baton in front of me. I used the baton to push subjects away from me, and I do not recall jabbing, swinging, or striking a subject with my baton. This intervention generally had the effect of moving subjects away from police in a manner similar to a forceful push.
At or near the Top of State Street, Madison Police Officers formed a line. This line was held for a prolonged period of time, and a number of subjects approached the line to interact with Madison Police Officers. I generally attempted to focus my attention on the crowd in the area to scan for potential officer safety threats.
At approximately this time, a masked subject approached the line. This subject is depicted in media images (submitted as attachments to this report) as wearing a black hat with duct tape over the front logo section. This subject wore sunglasses and a brown face covering with a white patterned scarf or other covering over it. The male wore a long-sleeved back shirt and appears to carry a black backpack. A media image also appears to show the top of this backpack as being rolled. In a media image, this subject is seen merely inches from a law enforcement officer from the Wisconsin State Patrol. A separate media image appears to show this subject with his face coverings pulled down. This subject appears to be a black male with black hair and a black moustache. The subject appears to have sideburns and potentially a tattoo on the right side of his face.
At one point, this subject drew close to me as well, and I used my baton to move him back approximately twice. It appears to me as though this use of force is recorded on video in the following Wisconsin State Journal article: https://madison.com/wsj/news/local/govt-and-politics/madison-mayor-imposes-curfew-after-rioting looting-downtown/article 82a91655-421 a-5c36-bd35-4f5c3e033ba1.html. A printed version of this article is submitted as an attachment to this report.
During this incident, I also threatened subjects with my personal carry OC.
OFFICER RYAN JEFFERY – DAY TWO
During this clear, I generally held a position on the southwest side of Wisconsin Avenue (closer to State Street). At one point, I recall I found a white female sitting near a building entrance near a hedge or bush. I understood this subject potentially be experiencing the effect of a chemical agent. I assessed it to be disadvantageous to leave this subject in a position to get behind the police line, and I assessed a physical arrest to .likewise not be the best possible resolution to the situation. I grabbed a hold of the subject’s arm, and I pushed the subject forward ahead of the police line.
During this clear, I also came across a white male and a white female. I noted these subjects to approximately be in their twenties. These subjects were given multiple verbal commands, and I noted that the subjects refused to leave the area. I noted that Officer Burkholder later informed me that the subjects were slowing this segment of the clearing line. I noted that Officer Burkholder exposed at least one of these subjects to OC, and I noted that I moved the male along via a push with my wood baton. I recall a verbal command being given at about this time. I generally held onto my baton at both ends, and I held the baton in front of me. I used the baton to push subjects forward, and I do not recall jabbing, swinging, or striking a subject with my baton. This intervention generally had the effect of moving subjects away from police in a manner similar to a forceful push. I recall that this subject may have had his back to me as this occurred.
I also recall coming across a subject lying in the grass whom I recognized as Tyson E.. Christian. I know Christian from previous professional contact. It should be noted that, as the police line approached Christian, a number of Madison Police Officers spoke with Christian and I do not recall any officer using force or moving Christian along.
OFFICER RYAN JEFFERY – DAY THREE
Before 2:00 a.m. on June 2, in the general area of 400 State, I recall a black female and a black male were in front of the police line as the line proceeded outbound down State Street. I was on the southern end of the police line, and I noted that these subjects were slowing the police line. I noted that the male subject made a statement to the effect of, “I’m a protestor.”
During this clear, I generally gave verbal commands for subjects to go home. I also noted that the officer who was to my left was interacting with the female. I noted that the officer’s baton ultimately left the officer’s hand, and I am unsure if this baton was knocked out of the officer’s hands.
I moved the male along via a push with my wooden baton. I generally held onto my baton at both ends, and I held the baton in front of me. I used the baton to push the subject forward, and I do not recall jabbing, swinging, or striking the subject with my baton. This intervention generally had the effect of moving the subject away from police in a manner similar to a forceful push.
Later, I also completed a clear of the UW Credit Union located at 662 State Street along with other officers. I had my handgun drawn at about this time. I also recall drawing my handgun at some earlier point on either this or another night when attempting to see if anyone was inside of a business.
OFFICER NATHANIEL LUJAN
DEPLOYMENT OF CHEMICAL MUNITIONS:
Starting at 9:30 PM on this date, a proclamation of emergency authorized by the Madison Mayor was in effect and prohibited vehicular and pedestrian traffic in the downtown area.
By 11:00 PM, there had been several deployments of chemical munitions by the MPD Special Events Team (SET) along with other agencies due to the civil unrest. The large crowd of looters continued to remain in the area, and dozens of businesses were destroyed.
Due to the ongoing protests, crowds, and civil unrest which resulted in hundreds of thousands of dollars of property damage, injuries, and riot-like behavior, Lt. Jason Ostrenga, who was serving as the MPD SWAT representative in the unified command post, approved the use of MPD SWAT to deploy chemical munitions in efforts to disperse the crowds.
Sometime around 11:30 PM, there was an effort to utilize chemical munitions to funnel the rioters out of the downtown State Street area. The Bearcat responded to the area of University Avenue and N Frances Street. I observed crowds of people flowing into the area. I made the decision to deploy a flameless Tri Chamber CS gas handheld device in order to augment the efforts by MPD SET and other agencies that were trying to take control of the area. From the Bearcat’s hatch, I made an attempt to ensure that no civilians were in the immediate path of where the device was deployed. Once deployed, it appeared to me that the device was non-operational as it did not have the desired outcome.
The Bearcat was then positioned towards the intersection of N Lake Street just south of State Street. I deployed two more handheld flameless Tri-Chamber CS devices; one was a successful deployment, the other also appeared to be non-operational. With each throw, I made an attempt to ensure that no civilians were in the immediate path of where the device was deployed.
For more information, please refer to the other reports under this case number.
OTHER USE OF FORCE IN THE REPORTS
I just called out the obvious uses of force that were in the reports. I haven’t yet read all 100 pages, but I did note that there are other use of force noted in these reports that are not specifically or obviously called out . . . I will follow up tomorrow with additional officers.
