15 Aug 31st–sept 6th, 2023 phoenixnewtimes.com phoenix new Times | cONTeNTs | feeDBacK | OPiNiON | NeWs | feaTuRe | NighT+Day | culTuRe | film | cafe | music | about a man who was refusing to leave. He was in the women’s bathroom when Officer Daniel Rodriguez arrived. The man, identified only as James, “appeared to be slightly delayed in his actions and understanding” and later was found to have had meth in his system that day, according to Bradshaw. James kept asking why Rodriguez was ordering him to leave the bathroom and sit down. He refused to do so and asked to leave the bathroom. When Hampton got to the restroom, Rodriguez attempted to handcuff James, who resisted. James tried to evade Rodriguez’s attempts to handcuff him, but did not try to hit or kick the officer. Still, Hampton tased James and he fell to the floor screaming. Over the next two and a half minutes, Hampton tased the man 13 times. While he was being tased, Rodriguez and a third officer, Alex Kitchens tried to handcuff James. He was still flailing — perhaps because he was being continually tased — and the two officers both repeat- edly punched James in the neck and face. Eventually, the three officers managed to handcuff him. James was arrested, although it’s unclear whether he faced criminal charges in the incident. The Tempe Police Department asked the Mesa Police Department to investigate the incident, and Mesa investigators found that all three officers violated Tempe’s use of force policy. Tempe police agreed. But since 180 days had passed since the begin- ning of the investigation, none of the offi- cers received any discipline thanks to a provision in the department’s labor agree- ment with the police union. The contract does allow for investiga- tions to take longer than 180 days if proper notice is given, a provision that was not used in this case. It’s not clear when the investigation began, or why it took so long for it to be completed. Ripley did not answer questions about this. Rather, Ripley provided a statement that confirmed the incident violated Tempe police policy. “Such incidents simply will not be tolerated in our city, or by our leader- ship team. Accountability is of paramount importance to maintaining trust with public safety. The city is committed to fully understanding and correcting any mistakes that may have been made in this incident and its investigation, and ensuring that they will be prevented in the future,” she said. Now, though, Hampton may face reper- cussions from AZPOST. Although Mesa investigators also found that Kitchens and Rodriguez violated policy by punching James, board members weren’t convinced. In a 7-2 vote for Kitchens and a 6-3 vote for Rodriguez, AZPOST declined to open an investigation into their actions. Excessive force, bungled investigations spur AZPOST probes Hampton is hardly the only officer this year to be accused of excessive force. Use of force is so far the single most common reason for an AZPOST investiga- tion, New Times’ review of months of board meetings shows. Of the 37 total cases against Arizona police officers opened so far this year, eight involved allega- tions of excessive use of force. That force ranged from a former Mesa police officer, Kaylon Hall, who was criminally charged for shooting at a vehicle that drove away from a traffic stop, to Derek Fraser, a former DPS trooper and K9 handler who was fired for ordering his police dog, Igor, to attack people. In a March 2022 incident, body camera footage showed that Fraser commanded Igor to bite a man who initially had run from officers, but who then got on the ground, put his hands up and allowed himself to be handcuffed. Fraser told DPS investigators that he “felt the dog assisted in getting [the man] into custody,” AZPOST investigator Arlene Heckel told the board. DPS fired Fraser for the misconduct shortly after the incident, Heckel said. Excessive force was not the only reason for the new AZPOST probes. In six cases, cops are being investigated by AZPOST for mishandling investigations or evidence. Domestic violence and dishonesty also were common, with five cases each. DUIs and reckless driving together prompted another eight cases. New Times’ count of new cases against Arizona cops does not include the many AZPOST probes of recruits who are still in the police academy. It also does not include the cases that occasion- ally arise involving former officers who are illegally working off-duty security or traffic control jobs despite not working for an agency. Former state trooper Derek Fraser’s police dog, Igor, runs with another officer to confront a suspect. (Photo by AZPOST) Excessive Force from p 13
