Incident IPA-21-02-Police-Brutality

Incident Description

Police Narrative (Not Verified):

"On November 23, 2020, at approximately 7:55 p.m., Fairfax County Police Department (hereinafter “FCPD”) officers from the Reston District police station responded to a suspicious person call. The caller reported that a person was lying outside of an apartment complex on Stone Wheel Drive in Reston. Because the caller stated that the person was possibly unconscious, Fairfax County Fire and Rescue Department (hereinafter “FCFRD”) personnel were also dispatched to the location. FCFRD personnel arrived first and were engaged in conversation with the individual—later identified as having the initials D.M. (hereinafter “DM”) when Police Officer First Class #1 (hereinafter “PFC#1”) and Police Officer First Class #2 (hereinafter “PFC#2”) arrived.

Initially, the FCPD officers merely stood by while the medical professionals from FCFRD tried to determine DM’s identity and the reason for his being passed out outside of the building. The officers continued to demand information from DM [who did not respond because he was unconscious]....

…..PFC#1 continued trying to get information from DM, but he continued to be unresponsive. 2 PFC#1 requested additional officers respond to the location. In addition to three other officers, a sergeant (hereinafter SGT#1”) from the Reston District station soon arrived. A captain from the FCFRD approached the scene and requested to speak with DM. DM did, for the first time, respond to some of her questions. He soon accused the captain of harassing him and of having backed him into the corner of the apartment complex where he was now standing. The FCFRD captain walked away from him.

When the FCPD officers resumed engaging with DM, he yelled loudly, “Why are the police bothering me? What have I done? I’m walking!” At approximately 8:25 p.m., PFC#1 consulted with SGT#1 to explain what had transpired since he arrived at 7:55 p.m.

PFC#1 suggested arresting DM for Public Intoxication1 so that he could be transported to the Fairfax County Adult Detention Center (hereinafter “ADC”) for his safety and wellbeing. SGT#1 concurred and authorized PFC#1 to arrest DM…. When PFC#1 reached for DM’s right arm, DM grabbedg the apartment’s door handle with his left hand and squeezing it tightly.2 At this point, Police Officer First Class #3 (hereinafter “PFC#3”) approached to assist with the arrest….

At this point, PFC#3 grabbed hold of DM’s shirt to pull him away from the door. DM dropped his weight and went to the ground. DM grabbed one of PFC#3’s legs and reached for and grabbed his holstered electronic control weapon (hereinafter “ECW,” commonly referred to as a Taser). Upon seeing this, PFC#1 used a hand strike to get DM’s hands away from the ECW. PFC#1 then got a handcuff on DM’s right wrist before the officers tried to lift him off the ground. He again dropped his weight and went to the ground. Once back on the ground, DM began saying, “hold up, hold up, hold the fuck up, no, no, no, timeout.” After getting DM into a more stable seated position, with additional help from Master Police Officer #1 (hereinafter “MPO#1”), the officers were able to pull him away from the confined space of the doorway and get him onto his right side. DM reached for a railing in the entranceway he was now in, and squirming with his arms to prevent from being handcuffed. With limited assistance from a second Master Police Officer (hereinafter “MPO#2”), the officer handcuffed DM’s left wrist. The set of handcuffs secured on DM’s right wrist was then cuffed to the set on his left wrist….

The officers lifted him onto a stretcher which allowed the FCFRD to secure him using straps. The FCFRD placed him in an ambulance and advised the FCPD officers that they would sedate him with ketamine. PFC#1 and PFC#2 rode in the ambulance during the transport of DM to Reston Hospital. The decision to transport DM to Reston Hospital for evaluation was made by FCPD and FCFRD personnel on the scene of his arrest.

During the transport in the ambulance, DM indicated that the earlier actions of the arresting officers had aggravated pre-existing medical conditions he had with his left ankle and both shoulders (rotator cuff issues)... DM lodged a complaint with the Office of the Independent Police Auditor and the Police Civilian Review Panel (hereinafter “PCRP”) on July 7, 2021. He alleged that he was unlawfully arrested and assaulted by FCPD officers."