CPD to revise chokehold policy; new ordinance to be introduced banning restraints

COLUMBIA, Mo. (KMIZ)

The Columbia City Council reviewed the Columbia Police department's policy Monday night in regards to chokeholds and neck restraints.

Staff presented a report with an ordinance that served as an example that would ban the restraints.

Under the ordinance, police would not be able to use chokeholds or carotid restraint which applies pressure to the carotid artery, jugular vein, or sides of the neck.

Ward 4 councilmember Ian Thomas requested that city staff present the report at a previous council meeting.

"It's clearly something that protesters have asked for. In the research I've done around the country it seems that chokeholds are prohibited in a large number of police departments," Thomas said. "Just since the murder of George Floyd another series of police departments have prohibited the tactic."

City staff will now work to draft an ordinance similar to this one for the council to review and vote on. First ward councilwoman Pat Fowler requested an ordinance to ban the restraints completely.

Under the police department's current policy, officers are only allowed to use these types of restraints if they are using deadly force.

• DEADLY FORCE: Physical force which the actor uses with the purpose of causing or which he/she knows to create a substantial risk of causing death or serious physical injury (§ 563.011, RSMo)

The department's policy also outlines when officers are justified in using deadly force.

a. An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury.
b. An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there
is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible.

Columbia Police Chief Geoff Jones said he believes the department's current policy is sufficient to address concerns.

The council voiced concern about language in the policy being unclear, including the definition of chokehold and deadly force.

The council also asked Jones to revise the language to make it more clear.

Thomas said he found that some departments who prohibit the use of these restraints completely provide a sort of compromise by taking into account whether an officer used the restraint in a deadly force situation.

Thomas said he would be interested in possibly changing CPD's policy to have similar language.

"What the Columbia Police Department currently has I believe is far too broad, far too loosely stated. It essentially states that neck restraints are prohibited unless the officer believes that she or he or a third party, you know, their life is under threat," Thomas said.

He said the current policy makes it too easy for an officer to state they thought their life was in danger if they use a neck restraint. He also said officers could be trained to use other tactics.

"One other point that has come up in a lot of discussions is mental health professionals are trained in a number of physical holds that are not neck restraints and that are safe and that can incapacitate somebody who is out of control or threatening violence," Thomas said.

Jones, however, said if the police do not have the option of using these types of restraints in deadly force situations, officers could be forced to resort to another form of force that could be more lethal, such as shooting someone.

"I don't have any issue with having a restrictive policy that prohibits or bans the use of chokeholds. We already have that. Some of the language that has been brought forward actually is less restrictive than our current policy," Jones said.

He said the current policy says the restraints can only be used as a deadly force option and when there is no other option available.

"The proposed language says that it can be used and justified as deadly force when deadly force is appropriate," he said.

"Ours is more restrictive in saying yes you can use it when you're applying deadly force but you also have to meet that second criteria that there's no other reasonable method available to the officer," Jones said.

The council did hear from members of the public. Several came forward to express concern about officers reporting when they use deadly force or neck restraints.

The council will have a public hearing when it discusses the revised policy and the new drafted ordinance so members of the public will have another chance to voice their opinion.