An officer in Massachusetts responded to a complaint of a man standing in traffic, screaming and creating a hazard. On arrival, officers approached a nearby parked vehicle with a female driver inside. She stated she was waiting for a friend. She denied drug use, but paraphernalia was visible in plain view.
The suspect in the incident then approached the officers. When asked, he gave a false name. Without direction from the officer, the suspect then got into the front passenger seat, telling the officer he was looking for his ID. He was told they didn’t need his ID and that he should exit the vehicle, while also being told to have the driver shut off the car.
The suspect exited the vehicle and then retook his seat, continuing to rummage inside. The officer attempted to physically stop the suspect and an altercation ensued.
The suspect and the officer ended up inside the vehicle with the door open, as the driver then decided to drive off. The suspect attempted to disarm the officer of his pistol and pepper spray, with the driver assisting by holding onto the officer. To make matters worse, there was a male passenger in the backseat who fortunately chose not to engage in the struggle.
The officer pleaded for the driver to stop the car and also threatened to shoot the suspect. The battle continued as the officer struck the suspect multiple times, all while positioned next to an open door in the tight confines of the front seat.
Eventually, the driver decided to stop the vehicle, with backup close behind, sirens screaming. Both suspects pleaded for the officer to “get off” the suspect.
The driver was extracted by backup officers while the officer continued to struggle with the suspect. The suspect was finally removed and taken into custody.
The driver, well known to the officers, has a history of running from police. In one fleeing incident, he struck an officer with his vehicle. He was charged with assault to murder, kidnapping, attempted disarmament of a police officer, assault and battery on a police officer and resisting arrest.
The passenger was also charged with assault to murder, kidnapping and drug charges.
Rarely does a week go by that we don’t see an incident of an officer grabbing hold of a suspect or a vehicle and being taken for a ride. There are literally thousands of incidents of this occurring in the history of law enforcement.
Transition from Terry to arrest
As you watch the video, ask yourself where the situation transitions from a Terry detention to an arrest. With the benefit of hindsight, when might the best opportunity have been to handcuff the suspect under that Terry detention or arrest?
Instinctual response
In a panel discussion during an ILEETA legal update on Barnes v. Felix with Von Kliem, Kevin Davis and attorney Laura Scarry, we discussed what causes this behavior. It seems that as humans, we are hardwired to grab things when they try to get away from us.
The training community is looking for potential solutions by developing both hands-on and virtual reality training to address this issue and promote officer safety.
Until that training rolls out and we can evaluate its effectiveness, we will have to do what we can on our own.
By being conscious of the likelihood of this subconscious response, you can mentally prepare yourself by pre-programming a response through visualization. Watch videos like this one, note the signs the driver is going to take off and decide when you would disengage.
Close quarters fight
Hopefully you are keeping your fighting skills sharp through regular practice. How often have you practiced inside the confines of a car? Those close quarters negate much of the power from your strikes and even your grappling.
Let this video remind you to practice in the environments where you may find yourself.
Understand that the totality of the circumstances — in this case an attempted disarm, while being taken in a moving vehicle with a door open — may rise to the level of a justified use of deadly force.
Have you trained and practiced doing that in this environment?
You have time every day to mentally rehearse your response to situations like this when watching videos. Make the time on a regular basis to practice the physical techniques you need to protect yourself. Those mental and physical rehearsals keep you sharp and prepared to deal with whatever comes your way.
Training discussion points
- At what moment did the risk justify transitioning from detention to arrest?
- What indicators suggested the driver was about to flee?
- Would disengaging earlier have reduced the risk to the officer?
- How prepared are you to fight or use force inside a vehicle?
| NEXT: Tactical analysis: Semi-truck driver takes off during struggle, officer falls from cab
