DENVER — Denver's Office of the Independent Monitor is raising major concerns about a change to when Denver Police Department officers can use tasers.
A 10-page report from the OIM outlines the concerns in detail.
In our report below, Denver7's Veronica Acosta walks us through the report and what it means for DPD.
Independent Monitor Lisabeth Pérez Castle said last month, DPD revised its use of force policy, changing when a Taser can be used, from situations involving active aggression to situations involving defensive resistance.
"This is fundamental," Pérez Castle said. "What the department is doing is changing the level of resistance from active aggression. That means a credible threat that there will be imminent harm to what's called defensive resistance, which could be running away or simply not allowing themselves to be arrested. But no harm is being caused to the officer."
The report calls the change "surprising and concerning," saying it "could put community members in danger from unnecessary taser deployments."
You can explore the full report below.
Julia Richman, member of the Citizen Oversight Board, said she believes it is a two-pronged problem. She does not agree with the change, and she said DPD failed to be transparent about it and did not follow the law for review.
"You would think you would engage in collaboration, right, as you have had to for decades," Richman said.
"This is not how this should take place," Richman said.
Pérez Castle said DPD presented the Taser policy change to the board on April 4, requesting input and recommendations, which she said they were prepared to provide by April 24. But on April 14, they discovered the policy had been posted online.
Denver7 reached out to DPD. In a statement, the department said in part: "Regrettably, the policy was published in error prior to the OIM having the opportunity to provide its recommendations, and DPD rescinded the policy changes once that error was realized."
However, a spokesperson for the department said its still working on the revision, saying it is necessary because of a new Taser model, and adding: "This option could reduce the possibility of more serious injury to the individual and/or officer and could prevent further escalation of a situation beyond the level of defensive resistance."
DPD provided the full statement below:
DPD is in the process of revising its Use of Force policy regarding the use of TASERs. Policy revisions are necessary due to the department’s upgrade from the TASER 7 model to the TASER 10 model and the differences in functionality of the TASER 10 model. More details on the differences are included below.
Generally speaking, the intention behind the proposed change to allow the use of a TASER in response to defensive resistance – with an exception related to flight from an officer – is to allow officers the option of introducing the TASER into a situation before an individual is engaged in active aggression. This option could reduce the possibility of more serious injury to the individual and/or officer and could prevent further escalation of a situation beyond the level of defensive resistance.
A copy of the proposed policy changes was sent to the Office of the Independent Monitor for review and for the opportunity to provide feedback. Regrettably, the policy was published in error prior to the OIM having the opportunity to provide its recommendations, and DPD rescinded the policy changes once that error was realized. DPD will review and provide responses to the recommendations made by the OIM.
Key differences between the TASER 7 and TASER 10 are:For more information on the features and upgrades of the Taser 10 model, please visit https://www.axon.com/press/taser-10/press-materials [axon.com].
TASER 7 TASER 10 Voltage 50,000 volts maximum 1,000 volts maximum Range 25 feet 45 feet 2 cartridges/no individually targeted probes 10 cartridges/individually targeted probes Drive Stun Mode Yes No Illumination Addition of 1000 lumen strobing flashlight in warning mode
Definitions of levels of resistance from the Denver Police Operations Manual [denvergov.org]:indicate an unwillingness to cooperate, comply, or threaten an officer or other person.
- Psychological Intimidation: Non-verbal cues in attitude, appearance, demeanor, or posture that
- Verbal Non-Compliance: Verbal responses indicating an unwillingness to comply with an officer’s directions or threaten to injure a person without the present ability to carry out the threat.
- Passive Resistance: Physical actions that do not prevent an officer’s attempt to exercise control of a person or place them in custody. For example, a person who remains in a limp or position.
- NOTE: Verbal Non-Compliance and Passive Resistance usually do not involve conduct sufficient to support criminal charges related to resistance. Charging DRMC 38-31 Interference with police authority (a) and/or (c) may be appropriate, depending on the circumstances.
- Defensive Resistance: Physical actions that attempt to prevent an officer’s control, including flight or attempt to flee but do not involve attempts to harm the officer (includes “turtling,” which involves a pronated individual pulling their arms and/or legs to their chest to prevent access and control by an officer).
- Active Aggression: An overt act or threat of an assault, coupled with the present ability to carry out the action, which reasonably indicates that an assault or injury to a person is likely.
- Aggravated Active Aggression: Lethal force encounter
Both Richman and Pérez Castle are adamant that if DPD wants this change, it will have to bring it to the community first.
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