13-60

MEMORANDUM
TO: FROM: All Personnel Charles "Chuck" Harmon Chief of Police July 10, 2013 Shooting Review Boards for Officer Brandon Bill, Officer Richard Bishop, and Officer George Graves

DATE: SUBJECT:

On April 15, 2013, members of the St. Petersburg Police Department's Street Crimes Section were involved in the surveillance of a confirmed stolen vehicle. Covert Officers Brandon Bill and Richard Bishop, who were riding together, followed the vehicle to the alley between ze" Street South and Auburn Street South, just south of 18th Avenue, where the vehicle backed into a driveway. Officer George Graves took a position in the 1800 block of Auburn Street South, one block west. Officers Bishop and Bill observed a subject who fit the description of the driver walking away from the vehicle. Thinking the vehicle had been abandoned, Officer Bill directed Officer Bishop to park their vehicle so they could move up on foot. The officers walked toward the stolen car and, as they approached, noted that there were still two subjects inside -- a black male in the driver's seat and a black female in the front passenger seat. Officer Bill initiated contact with the driver, while Officer Bishop approached the passenger side of the vehicle. Both officers drew their firearms and shouted verbal commands to the occupants. The driver initially opened the vehicle door, but then shut the door and drove forward. As the car began to move away, Officer Bishop started to make his way to the driver's side to assist Officer Bill. This placed Officer Bishop in front of the now moving vehicle. Officer Bishop advised he discharged his firearm at the driver as he was stumbling backward. The vehicle turned north in the alley striking a tree adjacent to a fence running north and south along the west side of the alley. Officer Bill challenged the driver to exit, but received no response. Officer Bill moved toward the vehicle to either take the driver into custody and/or render first aid. As Officer Bill approached, the vehicle began to back up at Officer Bill and struck him on the holster on his right hip. Officer Bill was now between the fence to his left and the vehicle to his right, with no other means of escape. Fearing that he was going to be struck either by the car or crushed against the fence, Officer Bill discharged his firearm multiple times at the "B" pillar of the driver's side of the car. Officer Bishop discharged his firearm a second time at the vehicle as he perceived the threat to Officer Bill. The vehicle stopped, allowing Officer Bill to move in a southbound direction away from the threat. The car began backing toward Officer Bill again, and he discharged his firearm a second time at the

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vehicle. The vehicle came to a stop and then went forward and left the alley in a westbound direction. Officer Graves had taken a perimeter point south and west of the alley on Auburn Street South in the 1800 block. Officer Graves heard multiple gunshots and exited his vehicle. He observed the stolen vehicle exiting the alley from the east. Officer Graves discharged his firearm two times, one round striking the driver in the forearm and the other a nearby residence. At the time Officer Graves discharged his firearm, he was not wearing a duty holster or duty belt. The only firearm he discharged was his Glock .45 caliber, which he retrieved from his duty belt that was located on the back seat of his rental vehicle. At the time he discharged his firearm, Officer Graves was also armed with a Glock .40 caliber firearm that was in a holster, positioned in the small of his back. He did not discharge the Glock .40 during this incident. The stolen vehicle stopped in the alley west of Auburn Street South, just south of rs" Avenue. The female passenger was taken into custody and received medical treatment for a non-life threatening gunshot wound. The driver fled from the car and was taken into custody a short time later. He received medical treatment for non-life threatening gunshot wounds. In this case, the Shooting Review Boards took into consideration that the targets of the investigation were occupants of a stolen vehicle. The initial approach of the vehicle in the alley by both Officer Bill and Officer Bishop was tactically sound and appropriate. One occupant was a female with no known criminal charges at the time. Officer Bishop later left a position of safety and placed himself in harm's way by moving to the front of the vehicle, where he then discharged his service weapon numerous times at the driver of the vehicle and in the general direction of Officer Bill. Officer Bill did not fire initially as the vehicle pulled away. As the vehicle was fleeing, it stopped against a fence or post in the alley. Officer Bill then approached the vehicle from the driver's side. It was determined that he had numerous other options instead of approaching the vehicle from a confined area. Officer Bill had units in close proximity that could have assisted. If he was going to approach after back-up arrived, a safer alternative would have been from the passenger side so as to not be blocked in by a fence. Another prudent course of action would have been to stay behind cover and call the vehicle occupants out. Officer Bill's approach to the vehicle put him in a very vulnerable position with no avenue of escape. The facts of Officer Graves' involvement were unique from the other officers. He heard the initial rounds being discharged in the alley, but had no information of what had actually occurred. He was aware they were working a stolen vehicle as he had helped with the surveillance. He became more involved as the vehicle was traveling east to west in the alley south of 18th Avenue South near Auburn Street. His testimony was very inconsistent with the evidence of the case. He fired two rounds at the vehicle,

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which was over 90 feet away when he discharged his firearm, and the vehicle was traveling away from him in a 90 degree direction. No one was being threatened with death or great bodily harm at the time he discharged his weapon. On July 10, 2013, a Shooting Review Board was convened for Officer Brandon Bill consisting of: Charles "Chuck" Harmon, Chief of Police Luke Williams, Assistant Chief, Uniform Services Bureau Jorge Sotolongo, Major, Uniform Support Division Scott MacDonald, Lieutenant, Street Crimes Section Marlin Heyward, Sergeant, Street Crimes Section Timothy Brockman, Sergeant, Training Division, High Liability Instructor Officer Brandon Bill was found to be in violation of: St. Petersburg Police Department General Order 11-26, I, 0, to wit:

"The Department recognizes that bullets do not immobilize moving motor vehicles. Incapacitating drivers of motor vehicles does not eliminate the threat or danger posed by the motor vehicle." St. Petersburg Police Department General Order 11-26, V, 8, #1, #2, #3, to wit:

B. Firing at or from Vehicles: 1. Officers approaching a vehicle should do so from a safe distance and provide themselves an opportunity to move to an area of safety, if necessary. 2. When approaching a vehicle, officers shall use appropriate safety measures and shall not place themselves in harm's way by standing or moving in front of a vehicle, standing directly behind, or reaching inside the operating vehicle. 3. Officers shall not fire at a moving vehicle or any occupant of a moving vehicle. The officer's use of deadly force may be justified if the occupant of a moving vehicle poses an immediate threat with a firearm or fires upon an officer or another, and all other reasonable means to avoid the danger have failed." City of St. Petersburg Rules and Regulations System Group III, #30, to wit: of the Personnel Management

"Violation of a City or departmental rule which is considered within the Group III level for overall seriousness, nature and significance of the misconduct." Officer Brandon Bill received an Employee Notice and an BO-hour work suspension.

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On July 10, 2013, a Shooting Review Board was convened for Officer Richard Bishop consisting of: Charles "Chuck" Harmon, Chief of Police Luke Williams, Assistant Chief, Uniform Services Bureau Jorge Sotolongo, Major, Uniform Support Division Scott MacDonald, Lieutenant, Street Crimes Section Marlin Heyward, Sergeant, Street Crimes Section Timothy Brockman, Sergeant, Training Division, High Liability Instructor Officer Richard Bishop was found to be in violation of: St. Petersburg Police Department General Order 11-26, I, D, to wit:

"The Department recognizes that bullets do not immobilize moving motor vehicles. Incapacitating drivers of motor vehicles does not eliminate the threat or danger posed by the motor vehicle." St. Petersburg Police Department General Order 11-26, V, B, #1, #2, #3, to wit:

B. Firing at or from Vehicles: 1. Officers approaching a vehicle should do so from a safe distance and provide themselves an opportunity to move to an area of safety, if necessary. 2. When approaching a vehicle, officers shall use appropriate safety measures and shall not place themselves in harm's way by standing or moving in front of a vehicle, standing directly behind, or reaching inside the operating vehicle. 3. Officers shall not fire at a moving vehicle or any occupant of a moving vehicle. The officer's use of deadly force may be justified if the occupant of a moving vehicle poses an immediate threat with a firearm or fires upon an officer or another, and all other reasonable means to avoid the danger have failed." City of st. Petersburg Rules and Regulations System Group III, #30, to wit: of the Personnel Management

"Violation of City or departmental rule which is considered within the Group III level for overall Seriousness, nature and significance of the misconduct." Officer Richard Bishop received an Employee suspension. Notice and an aD-hour work

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On July 10, 2013, a Shooting Review Board was convened for Officer George Graves consisting of: Charles "Chuck" Harmon, Chief of Police Luke Williams, Assistant Chief, Uniform Services Bureau Jorge Sotolongo, Major, Uniform Support Division Scott MacDonald, Lieutenant, Street Crimes Section Robert Turner, Sergeant, Street Crimes Section Timothy Brockman, Sergeant, Training Division, High Liability Instructor Officer George Graves was NOT JUSTIFIED in this discharge of his Department-issued firearm. He was found to be in violation of: St. Petersburg Police Department General Order 11-26, I, D, to wit: "The Department recognizes that bullets do not immobilize moving motor vehicles. Incapacitating drivers of motor vehicles does not eliminate the threat or danger posed by the motor vehicle." St. Petersburg Police Department General Order 11-26,IV, A, #5, c, to wit: "Deadly force is the force that is likely to cause death or serious physical injury. Use of deadly force may be an officer's first and only appropriate response to a perceived threat. Deadly force does not necessarily mean that someone died from the force used. The deadly force can cause serious physical injury or no harm at all. Deadly force is only permitted when other reasonable means to avoid danger have failed, or are impractical and the officer reasonably believes that deadly force is immediately necessary to defend themselves or another from imminent danger of death or serious physical injury." St. Petersburg Police Department General Order 11-26, V, B, #1, #2, #3, to wit: "B. Firing at or from Vehicles: 1. Officers approaching a vehicle should do so from a safe distance and provide themselves an opportunity to move to an area of safety, if necessary. 2. When approaching a vehicle, officers shall use appropriate safety measures and shall not place themselves in harm's way by standing or moving in front of a vehicle, standing directly behind, or reaching inside the operating vehicle. 3. Officers shall not fire at a moving vehicle or any occupant of a moving vehicle. The officer's use of deadly force may be justified if the occupant of a moving vehicle poses an immediate threat with a firearm or fires upon an officer or another, and all other reasonable means to avoid the danger have failed." Page Five

St. Petersburg Police Department General Order 11-26,VII, #7, to wit: "Officers are not authorized to carry more than one handgun while on duty. The exception is those assigned to the Vice and Narcotics Unit, the Crime Analysis, Surveillance and Enforcement (CASE) Section, and the Intelligence Unit, as these units operate in an undercover capacity. They are authorized to carry a second or backup handgun; however, no more than 2 handguns are authorized."

City of st. Petersburg Rules and Regulations of the Personnel Management System, Group III, # 1, to wit: "Serious neglect, incompetence, or inefficiency in the performance of assigned duties." City of St. Petersburg Rules and Regulations of the Personnel Management System Group III, #30, to wit: "Violation of a City or departmental rule which is considered within the Group III level for overall seriousness, nature and significance of the misconduct." Officer George Graves' employment was Terminated.

Charles "Chuck" Harmon Chief of Police

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