An in-depth look at Pullman Police force, accountability following Floyd protests

Amid nationwide protests against police brutality and militarization, the Pullman Police Department has introduced a new force intervention policy and shared its accountability practices with the public — all while continuing work to overhaul its policy manual.

A Whitman County Watch review of Pullman Police Department force data, policies and practices going back to 2015 finds:

• Just four officers account for almost half of the department’s use of force actions. Those officers also make 32 percent of all arrests.
• Police actions have caused at least minor injuries in about 60 incidents. Officers suffered injuries in approximately 30 incidents.
• The department has conducted investigations into at least seven excessive force complaints since 2015. None found the level of force unreasonable.
• Pullman officials have settled three excessive force lawsuits since 2018.
• Officer use of controversial sleeperholds is down, but overall rates of force have held steady.
• A WSU analysis of body cam footage found no evidence race influenced use of force.
• While many departments have accepted significant military equipment, Pullman has received limited first aid supplies and firearm accessories.

Pullman Police have logged 239 incidents in which officers used force from 2015 through May 16 of this year, consistently reporting about 40-45 each year. The types of officer force range from pushing people to Taser stuns to firing 40 mm sponge projectiles. No police shootings or in-custody deaths were recorded.

Police Chief Gary Jenkins issued an open letter on June 8 to outline the steps his department has taken to establish a “culture” of de-escalation and officer accountability. The letter also highlights the department’s body camera policies, community outreach efforts and internal review process. See here.

“I am reiterating to our officers the importance of our commitment, if at all possible, to use no force in order to further our mission of ‘Policing Our Community with Compassion and Professionalism,’” he wrote. “If force is necessary, it must be used reasonably.”

Following the recent protests, Jenkins also instituted a new duty to intervene policy starting June 19 that requires officers to step in if they observe another officer using unreasonable force. Read that full policy here.

Officials emphasize the department’s 40-45 uses of force make up a small fraction of the more than 12,000 calls for service officers respond to every year.

Police records show officer force resulted in one instance of “major” injuries to a citizen since 2015. Records show another approximately 60 instances of “minor” injuries to citizens. Officers reportedly suffered one major injury and about 30 minor injuries while using force against suspects.

The department’s 239 force incidents often involved multiple officers for a total of 612 officer actions involving physical force. Of the 25 to 30 officers on staff since 2015, just four officers — Shane Emerson, Alex Gordon, Ruben Harris and Wade Winegardner — engaged in 44 percent of the actions of force.

Jenkins wrote to Whitman County Watch that patrol duties or shifts may influence how often officers tend to use force. He stated the four officers typically work “active shifts” on swing or graveyard schedules. They also make about 32 percent of the department’s arrests.

“They also have discretion about areas of the City to patrol,” Jenkins wrote. “Most calls involving violence and/or intoxicated and/or combative subjects is College Hill, and in particular [the] College Hill core.”

Officers must complete a use of force report after any action against a person. Supervisors regularly review those reports and corresponding body camera footage to verify compliance with policies.

Jenkins noted the department monitors early-warning data on all officers’ use of force, citizen complaints or traffic collisions to head off troubling patterns. Three or more incidents in the previous 12 months will trigger an alert.

“The alerts are set intentionally low to give us a better chance to identify and intervene with any trends,” he wrote. “We do have officers on the alert list every month.”

An overview of the department’s use of force obtained by Whitman County Watch did not list the race of people involved in the incidents, but Jenkins said the department does collect race data on arrests, criminal citations, traffic infractions, warnings and traffic stops. They record race based on the officer’s perception of the person’s race. Officers also log mental health-related contacts.

Jenkins said the department does not track race information on job applicants, but the city records the race of all new hires.

Pullman Police conduct records show at least seven internal inquires or investigations into how officers used force since 2015. Five of those reviews started with citizen complaints and two came from police supervisors. None of those reviews determined the force used was excessive.

“We have counseled officers on their use of force to discuss other ways the incident could have been handled,” Jenkins wrote. “We have conducted a number of investigations of possible use of force policy violations, initiated both externally and internally, but none has been found in violation of policy.”

Read our previous coverage of Pullman Police conduct investigations here.

City officials, under guidance from their insurance providers, have however agreed to three significant payouts for a combined $725,000 in recent years to settle excessive force lawsuits filed against the Pullman Police Department.

In mid-2018, a $75,000 settlement went to Tyler Lankford based on a 2015 arrest. In late 2018, a $500,000 settlement went to Kyle North based a 2016 arrest. And in the summer of 2019, a $150,000 settlement went to former WSU football player Treshon Broughton based on his 2017 arrest.

During a December 2018 police advisory committee meeting following the Broughton lawsuit, police officials discussed use of force training and priorities. Sgt. Greg Umbright at the time told the committee officers should apply the least amount of force needed to resolve a confrontation.

“An officer must use sufficient force to overcome the force that they face,” he said. “Citizens expect us, the officers, to win. You pay us to win. You pay us to protect you. Your expectation is that we win.”

Criminal justice experts say a culture of dominance at many law enforcement agencies can undermine efforts to embrace models of de-escalation and community policing.

Pullman Police have a 21-page policy outlining officer rights and responsibilities on use of force. Much of the policy addresses protocols for deadly force. Newer sections have been added for less lethal munitions and Tasers. The new duty to intervene policy has also been added as of last week.

“Any officer present and visually observing another officer using force that is clearly beyond that which is objectively reasonable under the totality of the circumstances shall,” the policy states, “when in a position to do so, intervene and attempt to prevent or stop the use of unreasonable force.”

Jenkins says the department is working to revise much of its policy manual. The Daily Evergreen reported on some those efforts last week. The chief told Whitman County Watch the department’s police guild is now reviewing the revisions and will provide feedback.

“We are currently looking at all of our use of force policies and training,” he wrote, adding, “Once [the guild is] finished with it, we will negotiate the policies where there is disagreement and are negotiable. I hope to have the policy manual in place, at least most of it, by the end of the year.”

Jenkins stated the department has no written policy on using a knee on someone’s back or neck. (Spokane Police restricted that tactic earlier this week.) Department policy allows for punching, but Jenkins stated it is discouraged because it creates a higher risk for officer injury.

Department policy also allows officers to use Lateral Vascular Neck Restraints — commonly called chokeholds, but more like sleeperholds that can block blood flow to the brain and render a subject unconscious. The police technique has drawn intense scrutiny since the 2014 death of Eric Garner in New York sparked the I Can’t Breathe movement.

Several major police departments have recently banned the use of chokeholds in the wake of the latest protests.

While many variables can influence officer force year to year, the department’s overview of force shows Pullman officers have used sleeperholds less often in recent years with the number of reported LVNRs dropping from 11 uses in 2015 to just one in 2019. Taser usage has also appeared to drop somewhat from seven uses in 2016 to two uses last year.

Police records show the department continues to use restraint chairs, which have been linked to dozens of in-custody deaths, about 6-10 times a year since 2015.

Jenkins stated his officers completed a weeklong “Use of Force: Transformative Practices for Trainers and Supervisors” class in November 2019 that addressed tactics for de-escalation, proportional force, procedural justice and other strategies.

“The training helped us to recalibrate our use of force practices,” he wrote, “and will affect our training, policies, and procedures.”

Protesters have also called for an end to police “militarization,” in which local law enforcement officers adopt training and equipment developed for the battlefield. A national database tracking Department of Defense equipment transferred to police departments shows Pullman Police in recent years received several military red dot-style rifle sights and first aid supplies. Jenkins noted they have also received eye goggles and computer monitors through the program.

(The database notes the Whitman County Sheriff’s Office received a $575,000 mine resistant armored vehicle earlier this year. Read more here.)

The Pullman Police Department has otherwise prided itself on the early adoption of best practices and technology. It was one of the first departments in the region to standardize body cameras for all officers, which police accountability advocates have praised for reducing uses of force as well as complaints against police officers. Though body cameras still draw some concerns about misuse or privacy.

Jenkins noted the department has provided WSU researchers with unrestricted access to officers’ body camera footage. The chief reported a WSU analysis of 4,600 hours of footage found “no evidence that Pullman police officers were more likely to use force, use force more quickly, at higher levels, or for longer durations in situations involving minority suspects.”

The department also introduced dash and backseat cameras to capture other interactions in 2017.

Meanwhile, an anonymous YouTube channel called Real World Police has posted more than 20 videos of Pullman Police body camera footage after obtaining the footage through public records requests. Some of those videos depict Pullman officers using force, including the firing of a 40 mm projectile at a man with a stick in 2018. The large welt left on the man’s leg can be seen in a second video of the incident.

The department has also been an early adopter of police drones. Read our previous coverage of that program and see an interactive map of where Pullman police have launched drones here.

In the wake of George Floyd’s death in Minneapolis, Jenkins put out a statement condemning the actions of the officers involved and calling for accountability for police brutality.

“The officers and staff of the Pullman Police Department share the disgust that many of you feel after seeing the callous and indifferent attitude of officers who watched Mr. Floyd plead for help,” Jenkins wrote. “Police brutality is not law enforcement. Any officer who abuses their power, or who stands by and allows it to happen, does not deserve to wear the badge.”

Pullman Police also provided traffic control during a recent Black Lives Matter demonstration outside the police station in downtown. Organizers later criticized a memo Jenkins put out in advance of the march.

At a recent Pullman City Council meeting, Jenkins acknowledged the national frustrations over police brutality and the impact those actions have on community relations. He said the department continually works to try to improve its culture, training and outreach efforts.

“The community trust really means everything to us,” he said, adding, “Everyone [at the department] cares about doing the right thing.”

Citizens can provide feedback and learn more about police operations at the monthly public meetings of the Pullman Police Advisory Committee.

The next meeting is scheduled for 5:30 p.m. July 13. Speakers will address “Culture, Training and Accountability” at the department. You can find an archive of past committee meetings here.