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21  <br />  <br /> <br />• Officer A responded, with several other employees, to a loud party call. Following <br /> the call, Officer A approached Sergeant C, pushed the mute button on the supervisor ’s <br /> ICV microphone, and indicated that he had deployed pepper spray into the <br /> windows of the back of the house. <br />• Supervisor C later confirmed with Officer A that he had sprayed his pepper spray. <br />In order to comply with EPD procedures surrounding allegations of misconduct, he did <br />not question Officer A further, but instead routed his concerns through Internal Affairs <br />and the Auditor ’s Office. <br />• The investigation showed that the occupants of the house shut all windows and <br />doors. Officer A did not have contact with any residents. <br /> • Officer B was with Officer A at the perimeter of the house. Officer B did not <br /> witness Officer A deploy pepper spray. <br />• Officer A stated in his interview that he sprayed pepper spray for approximately one <br />second into the bushes and mulch; he did not offer a reason why. He explained that his <br />later actions with Supervisor C were intended to be a joke. <br />• There was no evidence of pepper spray at the residence the next day. None of <br />the residents knew about or complained about any use of pepper spray by police. <br />• The internal investigation showed that none of the windows of the residence near <br />where Officer A was standing would be easily reached by pepper spray. <br /> <br />Allegations: <br /> <br />1. 803 OC Spray: That Officer A deployed OC (pepper) spray in or near a residence in <br />a manner that was unauthorized and outside the scope of the intended use. <br />2. 1202 Audio and video Recording: That Officer A turned off Supervisor C’s ICV <br />microphone without an authorized strategic or tactical purpose. <br />3. 1101.1.B.17 Judgement: That Officer A used poor judgment by deploying OC spray <br />and muting a supervisor’s ICV microphone. <br />Recommended Adjudications: <br /> <br />1. OC Spray <br />• EPD chain of command: Sustained <br />• Auditor ’s Office: Sustained <br />• Chief: Sustained <br /> <br />2. Audio and Video Recordings <br />• EPD chain of command: Sustained <br />• Auditor ’s Office: Sustained <br />• Chief: Sustained <br /> <br />3. Judgment <br />• EPD chain of command: Unfounded <br />• Auditor ’s Office: Unfounded <br />September 24, 2018, Work Session – Item 2