NATIONAL CITY POLICE DEPARTMENT

MEMORANDUM

DATE: October 12th, 2020

TO: Jose Tellez, Chief of Police

FROM: Officer Gabriel Gonzales

SUBJECT: Use of Force- Restricting Oxygen and Blood to the Brain

Introduction:

On June 3rd, 2020, the National City Police Department no longer authorized the

use of the carotid restraint as a less-lethal option. This decision came about as a response

to the widespread attention of the “chokehold” from incidents that resulted in the death of

a person at the hands of the police. The aftermath of incidents involving George Floyd

and Eric Garner resulted in civil rights activists to call for use of force reform. Campaign

Zero suggested eight reforms in their agenda, one being to “Ban chokeholds,

strangleholds (i.e., carotid restraints).” Included in their agenda was ANY police use of

force tactics that restrict oxygen or blood flow to the head or neck.1

In custody deaths because of lack of oxygen to the brain have become

increasingly scrutinized. Even in situations where a person has other contributing factors,

such as drugs, or previous medical conditions, police officers are given a portion of

blame when any tactic constricts oxygen or blood to the brain.2

The current policy on the carotid restraint has yet to be published by the

department. It is my recommendation the department considers additional restrictions on

1
Limit Use of Force. Retrieved October 12, 2020, from https://www.joincampaignzero.org/force
2
Martinelli, R. (2014, January 30). Reconsidering Carotid Control. Retrieved October 13, 2020, from
https://www.policemag.com/341089/reconsidering-carotid-control
use of force tactics to prevent restriction of oxygen and blood flow to a person’s brain.

Further restrictions would include reasonably limiting standing, sitting, or kneeling on a

person’s diaphragm during a detention or arrest. Additionally, officers shall provide

medical attention when a person reports difficulty breathing. In this report, I will provide

evidence to support this supplementation of the carotid restraint policy. These changes

will protect individual officers and the department from ramifications while further

avoiding in-custody deaths.

Public Opinion:

Campaign Zero has had a significant influence on police reform, with many

departments adopting their recommendations. Campaign Zero produced a Model Use of

Force Policy, which lists the following: “Law enforcement officers shall not use

chokeholds, strangleholds, Lateral Vascular Neck Restraints, Carotid Restraints, chest

compressions, or any other tactics that restrict oxygen or blood flow to the head or

neck.”3

The city of New York passed a bill that “establishes a misdemeanor for

restraining an individual in a manner that restricts the flow of air or blood by

compressing the windpipe or the carotid arteries on each side of the neck, or sitting,

kneeling, or standing on the chest or back in a manner that compresses the diaphragm, in

the course of effecting or attempting to effect an arrest.”4

3
Model Use of Force Policy. Campaign Zero. Retrieved October 12, 2020, from
https://static1.squarespace.com/static/55ad38b1e4b0185f0285195f/t/5deffeb7e827c13873eaf07c/15760094
00070/Campaign+Zero+Model+Use+of+Force+Policy.pdf
4
Chapman, B., Honan, K., & Avila, J. (2020, June 18). New York City to Ban Police Restraints That
Choke People. Retrieved October 13, 2020, from https://www.wsj.com/articles/new-york-city-to-ban-
police-restraints-that-choke-people-11592519365
 “I can’t breathe” are three words that have been synonymous with unlawful use of

force by police. In June 2020, the New York Times produced an article titled, “Three

Words. 70 Cases. The Tragic History of ‘I Can’t Breathe.’” This article details several

cases where officers restrained detainees while they verbalized they could not breathe.

“Most frequently, officers pushed [detainees] face down on the ground and held them

prone with their body weight.”5

Cases involving the inability to breathe are not just limited to the use of the

carotid restraint. Many involve the use of spit hoods or by being pinned down.

Evidence of Use in the Department:

There is no documentation on standing, sitting, or kneeling in the department’s

use of force log. Use of force logs indicates three separate tactics that may involve a

hands-on approach. These three tactics are Lateral Vascular Neck Restraint (Carotid

Restraint), Control Hold, and Arrest and Control Tactic. It has been practiced that if a

subject loses consciousness during the application of a carotid restraint, then it would be

documented as such. Any unsuccessful attempt at a carotid restraint may likely have

fallen under the category of arrest and control tactic.

Since January 2016, the carotid restraint was used once, a control hold was never

used, and an arrest and control tactic was used 112 times. In the single incident where the

carotid restraint was used, the suspect was transported to the hospital for an evaluation

where they declined medical treatment. According to the log, none of these incidents

resulted in a death.6 Documentation of use of force tactics should be more specific.

5
Baker, M., Valentino-devries, J., Fernandez, M., & Laforgia, M. (2020, June 29). Three Words. 70 Cases.
The Tragic History of 'I Can't Breathe.' Retrieved October 13, 2020, from
https://www.nytimes.com/interactive/2020/06/28/us/i-cant-breathe-police-arrest.html
6
Cekander, L. National City Police Department Crime Analyst. Use of Force Log (Rep.).
 In the 2018 National City incident, Earl McNeil died of brain damage caused by

respiratory arrest. While still under review, several factors could have contributed to his

death, including spit socks over his mouth and the WRAP device, which affected his

breathing.7 Despite evidence suggesting otherwise, the medical examiner deemed the in-

custody death a homicide.8 This incident resulted in mass protests with eight officers

having to endure a criminal investigation, civil deposition, and internal affairs

investigation.

Department Policy 301 Handcuffing and Restraints Key Terms:9

Important language in our Policy and Procedures manual already considers the

safety of a detainee.

301.5 Application of Spit Hoods

Spit hoods should not be used in situations where the restrained person is bleeding

profusely from the area around the mouth or nose, or if there are indications that the

person has a medical condition, such as difficulty breathing or vomiting. In such cases,

prompt medical care should be obtained.

301.3.1 Restraint of Detainees

Unless arrested, the use of restraints on detainees should continue only for as long

as is reasonably necessary to ensure the safety of officers and others. When deciding

whether to remove restraints from a detainee, officers should continuously weigh the

safety interests at hand against the continuing intrusion upon the detainee.

7
Moran, G. (2019, October 04). Review board investigation concludes deputy violated policy in Earl
McNeil death. Retrieved October 13, 2020, from
https://www.sandiegouniontribune.com/news/courts/story/2019-10-04/review-board-concludes-deputy-
violated-policy-in-earl-mcneil-death
8
Racino, B. (2018, December 15). New details emerge in Earl McNeil's death following arrest by NCPD.
Retrieved October 13, 2020, from https://inewsource.org/2018/09/20/earl-mcneil-shirt-national-city-death/
9
National City Police Department Policy Manual
Other Agency Practices:

All San Diego County agencies agreed to ban the Carotid Restraint in May of

2020. This decision to ban this tactic was forced upon our department because there

would no longer be training available to certify its use. This is an example of submission

by smaller agencies to protect themselves from civil liability.

Conclusion:

As department leaders, we must anticipate change during an era of police reform.

I believe this to be a small consideration that will help prevent death by those

experiencing a medical crisis. The decision to determine the validity of detainees'

breathing complaints should be left to medical professionals. This policy addition will

protect officers, the department, the city from unnecessary ramifications.

Respectfully,

Gabriel Gonzales, Police Officer