9 June 27th-July 3rd, 2024 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | officer shot PepperBalls toward cars driving away from a gas station, “one of many instances we observed of officers shooting less-lethal projectiles in the direc- tion of cars and people without warning.” During the protests, Phoenix police also unloaded projectiles on protesters after trapping them in a confined space. The report also found that the depart- ment used arrests to discourage peaceful protesters — including, the report said, a family that “drove downtown to show support for the police” — with an official policy to “incarcerate as many individuals as possible” to handle civil unrest. Many charges police sought were far more serious than the evidence supported, according to the report. Police also fabricated evidence to justify serious charges, including labeling a small group of protesters as members of a crim- inal street gang that was as dangerous as the Bloods or the Crips. The judge handling the case called the claims “false, misleading and inflammatory.” Free speech violations were not confined to protests. In routine encounters, Phoenix cops unlawfully arrested or used force against people who were critical of police. “People have the right to verbally criti- cize law enforcement officers so long as they do not actively interfere with the offi- cers’ lawful duties,” the report said. It added, “Officers also demonstrate in their incident reports that they do not consider insults and verbal challenges to be protected speech.” Officers also retaliated against people exercising their right to film police officers. One man who leaned out of his car window to film officers found himself held at gunpoint “from less than a foot away, then booked for felony rioting.” Prosecutors rejected the charges. Violating Americans with Disabilities Act Phoenix police also discriminated against people with behavioral health disabilities. The DOJ said that the agency’s 911 call center often fails to identify when callers need help with behavioral health issues, which accounts for about 10% of calls according to a 2021 study from Arizona State University. As a result, regular offi- cers are dispatched instead of specially trained teams. Officers also have access to assistance from behavioral health responders but rarely take advantage of it. In those encounters, the DOJ said, Phoenix cops adopt a “force first” mentality that makes situations worse. “For example,” the report said, “an officer fired PepperBalls less than two minutes after responding to a call regarding a man at a behavioral health center, rather than requesting help from a mobile crisis team or a clinician at the center.” The DOJ also said officers escalated interactions with children, especially those who had behavioral health disabilities, and often defaulted to aggressive tactics. Oversight inbound? Based on their behavior in January, city officials seemed to understand that the report was going to be damning. In a letter to the DOJ that month, the city said it planned to reject signing a consent decree, or an agreement with federal officials to be held accountable and make reforms through independent over- sight. Police Chief Michael Sullivan also told reporters on Dec. 18 that the depart- ment could implement its reforms more effectively without the oversight of a judge or independent auditor. But the resignation in 2024 of the head of Phoenix’s Office of Accountability and Transparency and the creation of a watered-down civilian review board call into question the city’s ability to regulate its own police department. Clarke did highlight reforms Phoenix police already have undertaken, including revised use-of-force guidelines and employing more resources to respond to behavioral health calls. But she strongly asserted that independent oversight is a necessity. “This is one instance where we can’t count on the police to police themselves,” Clarke said. Clarke added that the DOJ will engage with city officials earnestly and swiftly but noted that “a consent decree has been the vehicle that has helped institute the reforms necessary to address the kind of serious violations set forth in this report today.” If the city won’t negotiate a consent decree, Clarke said litigation against the city is an option the DOJ can explore. After the report’s release, Phoenix Mayor Kate Gallego said in a statement that the City Council will meet on June 25 in an executive session, which is closed to the public, “to receive legal advice, better understand the report and discuss next steps” “I will carefully and thoroughly review the findings,” Gallego added, “before making further comment.” Assistant U.S. Attorney General Kristen Clarke, who leads the Justice Department’s Civil Rights Division, shared the findings of the department’s investigation into the Phoenix Police Department in a virtual press conference on June 13. (Screenshot via Zoom) An Excessive Force from p 6