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Steroids, Domestic Violence, and a Wrongful Arrest: Revelations from The New Police Review Board Report

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by Doug Brown

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SQUID VICIOUS / CC 2.0 BY SA

A Portland police officer was busted for using steroids and resigned. Another cop was arrested for domestic assault and was just given a reprimand letter. Another cop arrested a woman without probable cause and was given "command counseling." Police officers who shot people were all cleared.

These cases are featured in the newly-released report of incidents that went through the Portland Police Bureau's Police Review Board (PRB) between December 10, 2015, and June 21, 2016.

After the bureau's Internal Affairs department or the Auditor's Independent Police Review (IPR) investigates a complaint or alleged wrongdoing by a Portland cop, it goes to the PRB, which rules on whether the cop violated bureau policy and, if so, what the punishment should be. The five members of the PRB—the commander or captain of the cop in question, an officer's "peer," an assistant chief, the IPR director, and a Citizen Review Committee (CRC) member—meet in private and issue summaries of what they hear twice per year.

These public reports are frustratingly vague and nameless. Important details, like the officers' identities, are redacted. But the twice-per-year report provides a small window into the internal police discipline process.

Below are details of the nine cases that went through the PRB process between last December and June, including relevant media coverage of the incidents when I can find it (some of the incidents have been reported on previously, some have not) and the officer's identity when I can find that, too. Click here, or see the bottom of this post, for the full 30-page report.

Case 1, suspension: the naked guy and the taser (click for the individual report).

PRB summary (with redacted pronouns filled in by me):

Employee was dispatched with another car to a call of a man exposing himself to young children at a city park. Employee cancelled (redacted) cover and made contact with the suspect by (redacted). The suspect was completely naked and did not follow Employee's commands. The suspect got up off a bench and approached her and she responded by drawing her Taser. The suspect wrapped her up from behind in a "bear hug" and grabbed at her Taser. She removed the cartridge during the struggle, and he took the Taser from her. The safety of the Taser had come off during th fight. They moved apart, and he pointed the Taser at her in a shooting stance and pulled the trigger. When the Taser only sparked, he threw the Taser at her, missing her. She then broadcast over the radio that the subject was being combative. Once cover arrived, she also broadcast that the subject had taken her Taser, tried to shoot her, and (redacted) no longer had the Taser. The responding officers and sergeant made a plan and were able to take the suspect into custody without using any force.

There was a lot of media attention on this one. Here's a December 2014 story in the Oregonian about it: "Naked man pulls Taser from Portland police officer before he's arrested." According to the probable cause affidavit for the naked guy's arrest, the officer in this case was Elizabeth Willis.

The PRB ruled unanimously her "justifications for her actions at various decision points throughout the incident were directly counter to training and policy," she made decisions that she wasn't responsible for, she failed "to recognize and communicate risk" to others" which put officer and members of the public at risk.

She was suspended without pay for one day.

Case 2, termination: Going home, having sex on duty, not following orders, disrespect (click here for the report)

This one is a doozy. The spouse of an unnamed cop went to the bureau, alleging the cop's behavior was "becoming increasingly aggressive," that the cop had come home while on duty, that the cop was having a sexual relationship with another cop, and that the cop was high on prescription drugs.

There are seven separate allegations:
•The cop went home, in Clackamas County, while on duty. The PRB unanimously ruled this happened.
•The cop went to the house of "Employee #3" in Beaverton while on duty. The PRB unanimously ruled this happened. Though it doesn't say it in the allegation, this is likely the colleague the cop was having a sexual relationship with that their spouse complained about.
•The cop used "disrespectful, profane language" to their supervisor. The PRB unanimously ruled this happened.
•The cop didn't follow orders to report to a crime scene. The PRB unanimously ruled this happened.
•The cop didn't "comply with written expectations." The PRB unanimously ruled this happened.
•The cop didn't notify their supervisor of an upcoming leave of service. The PRB cleared the cop unanimously.
•The cop lied during the Internal Affairs interview. Four of five PRB members ruled this happened.

All five PRB members voted to fire the cop. Then-chief Larry O'Dea agreed.

I couldn't find any stories from local media that I believe are this one (though it's similar to a case that popped up in the previous PRB report).

Case 3, letter of reprimand: drunk driving and domestic assault (click here for the report).

The PRB's ruling in this case is a head-scratcher. An off-duty cop and their spouse were driving home one night in February 2015 "and became involved in a physical altercation." The cop was arrested and booked for domestic assault. The PRB, in a 3-2 decision, ended up clearing the cop of any punishment beyond a "letter of reprimand," even though the cop admitted to drinking and driving and admitted to "striking" their spouse.

I do not believe the officer's domestic assault arrest has been reported in the media yet, and I can't seem to find the record of the cop's arrest in the court system yet (if you know something, email doug@portlandmercury.com).

The main allegation the PRB looked at was "While off duty, Employee behaved unprofessionally including striking (redacted) and was arrested for assault." The three PRB members who cleared the cop—almost certainly the three PPB members on the board, and not the IPR director or CRC member—did so on a technicality, it appears, taking issue with the word "including" in the allegation, claiming the cop's spouse changed their story:

Three Voting Members did not sustain the allegation and they believed that the language of the allegation confined consideration of the allegation to Employee striking (redacted) and being arrested. As Employee's (spouse) changed (their) story relating to those allegations following the incident, the 3 Voting Members concluded that the allegation could not be sustained...

The two PRB members who disagreed argued "that the word 'including' in the allegation made it clear that the totality of the evidence should be considered when judging Employee's professional behavior. The record showed that Employee was intoxicated and that influenced (their) behavior that evening. The record also showed that Employee drank alcohol while driving and (they) admit to striking (their spouse)."

Case 4, cleared: the shooting of Alan Bellew (click here for the report)

On June 28, 2015, Portland police officers Michael Currier and Dominic Lovato shot to death 29-year-old Alan Bellew, who apparently was holding a starter pistol. The two cops were cleared of any legal wrongdoing, and the PRB ruled it in-policy.

The PPB shooting of Bellew has been covered before, so I won't go into it much now. Here are two stories from the Oregonian:
•June 29, 2015: "Man fatally shot by Portland police pulled a starter pistol on officers, police say"
•August 13, 2015: "Grand jury transcript: Portland police shot man pointing starter pistol 8 times, feared for lives"

Case 5, letter of reprimand: informant issues (click here to read the report)

This is one of those frustratingly vague summaries that provides essentially no context about what happened. Here's the entire summary of the case: "Employee failed to take appropriate action upon learning that an informant was engaged in or associated with criminal activity." The case originated in 2015. That's as much as we know right now.

The PRB ruled to issue the cop a letter of reprimand and "underscored the need for ongoing supervisory involvement in the review of confidential informants' manageability and suitability for placement from the outset."

Because the details are so vague, it's tough to pinpoint if there's been any media coverage of it. Perhaps it's connected (but who knows?) to this well-reported 2015 Willamette Week story on PPB informant George Taylor:

Portland Police Chief Larry O'Dea says he has launched an internal investigation into the bureau's use of Taylor. "To answer all of the questions regarding this situation, and due to the importance of retaining the public's trust in the use of informants," O'Dea says, "the bureau is initiating an internal investigation."

Case 6, cleared: the shooting of Ryan Sudlow (click here to read the report):

Officer Charles Asheim shot at, but didn't strike, 31-year-old Ryan Matthew Sudlow at a gas station in February 2015. The PRB ruled that it was in-policy, but said the "box-in technique to trap the suspect in the suspect's vehicle was not perfect," the cop's car position "was not optimal," and the cop didn't share prior information about the guy with other cops.

Here's what the city reported on the shooting at the time, and a story from the Oregonian.

Case 7, resigned: a positive test for steroids (click here to read the report)

In October 2015, a Portland police officer was "called in for a random drug test" and "banned steroid substances were found." Three days after learning of the positive test, the cop "voluntarily resigned."

The summary details at least one PRB member, even after the cop resigned, wanted to give the cop the benefit of the doubt, but they were rightfully corrected (emphasis mine):

All voting members of the Board found that the allegation was sustained. During discussion, one member pointed out that the only evidence available was the positive test result; it was possible that Employee took a supplement and didn't know it contained steroids. Another member, reading from the applicable policy, said there is a procedure for employees to contest such a result. Employee did not contest it, declined to be interviewed, and voluntarily resigned.

I couldn't find any media reports about this particular positive steroid test. Another Portland cop was busted for steroids in 2014.

Case 8, "command counseling": a wrongful arrest and informant issues (click here to read the report)

Two Drug and Vice Division cops who had already arrested a woman on drug charge are accused of wrongfully arresting the woman a second time on three additional drug charges stemming from the first arrest, after her lawyer had already entered a plea for the first case.

Three PRB members said the two cops "inappropriately arrested" the woman the second time "without probable cause."

The PRB suggested giving the pair "command counseling."

Case 8, cleared: the shooting of Michael Gregory Johnson (click here to read the report)

In November 2015, Portland police officers Russ Corno and Chad Daul shot to death 51-year-old Michael Johnson outside Good Samaritan hospital. Johnson was armed, had fired some shots, and the PRB ruled the cops were in-policy to kill him.

Johnson's death has been covered extensively in the media. Read the report linked above, and check out these stories in the Oregonian:
•November 6, 2015: "Portland police shoot, kill suicidal man across from Good Samaritan Medical Center"
•November 10, 2015: "Man killed by Portland police 'was just swallowed by bipolar disorder,' mother says"
•November 11, 2015: "Police fatal shooting of armed man near Good Samaritan hospital ruled a suicide."

Ok, those were the nine cases included in the summary released yesterday. Sorry it was so long. Email me at doug@portlandmercury.com with more info.

Check out the full 30-page report below:

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