SHORT STORY: Suspect #1 and Victim #1 (both homeless) got into an argument over the use of a cell phone. Suspect #1 battered Victim #1 and chased and hit him with a bat. Victim #1 called 911. An RA arrived first and directed Sergeant A to a tent that Suspect #1 was in. Sergeant B and Officers A, B, C, and D arrived. Suspect #2 approached the officers and began demanding to be taken to jail. The officers attempted to calm Suspect #1 and Suspect #2 down. Suspect #1 suddenly jumped into the tent that had not been searched. Suspect #1 had an object in his hand and was TASED. He dropped the object (cell phone) but was not affected by the TASER. Suspect #1 charged Officer B swinging his arms. Officer B dropped his baton and holstered his weapon unsuccessfully to defend himself. The officers all attempted to control the suspect using leverage and body weight. Meanwhile Suspect #2 had picked up the baton and was holding it like a bat. Suspect #2 was taken down to the ground. Officer A at that point felt Suspect #1 grabbing his gun. The pistol was coming out of his holster. Officer B yelled “He’s got my gun.” (Body Worn Video showed Suspect #1’s hand on the pistol and that it was partially removed from the holster) Officer A, D, and Sergeant A fired shots. BOPC FINDINGS: AD Tactics: 3/2 split: (1) Officer B failed to maintain control of his baton and pistol.
