The following column is the opinion and analysis of the writer.
Following the tragic death of Carlos Ingram-Lopez on April 21, Arizona Daily Star columnist Tim Steller referred to a recent presentation that the TPD Executive Leadership Team (ELT) made to the Tucson City Council, as well as an op-ed I wrote highlighting our progress as an agency. Steller opined, βItβs hard for me to look at that op-ed and remember that presentation without feeling misled. The whole time, from April 21 to June 23, Tucson police were sitting on their own George Floyd-type incident.β
Thatβs quite a conclusion, and it couldnβt be further from the truth. For one thing, no chokehold or knee on the neck occurred in the local incident. For another, there were no previous complaints against any of the three involved officers for excessive force or bias. Furthermore, it was TPDβs own administrative investigation that found the officers violated department policies, training protocols, and expectations of conduct during the incident in which Mr. Ingram-Lopez died, specifically failure to take appropriate action, use of force (other), and actions on duty.
The department received the Office of the Medical Examiner report on Thursday, June 11, and our executive leadership team and I were provided a full criminal and administrative briefing (which included viewing the body-worn camera video) on Monday, June 15.
Immediately after we viewed the body-worn camera video, the three involved officers were put on leave and notifications were made to the city manager, city attorney, mayor and City Council members. Days after that, after a meeting with the family of Carlos Ingram-Lopez, we released the body-worn camera video to the public.
It is important to understand that the departmentβs investigations began the morning of Mr. Ingram-Lopezβs death. Both criminal and administrative investigators responded to the scene to begin separate but parallel investigations.
The administrative investigators initially assigned to the incident did not properly put the departmentβs executive leadership team on notice about the seriousness of the body-worn camera video. As a result, a new team of investigators was assigned to review, continue and complete the administrative investigation. Contrary to some reports, there was never a separate or additional investigation that exonerated the involved officers.
As chief of police, Iβve accepted responsibility for not having viewed the body-worn camera video of this rare in-custody death in the days that followed the incident. From now on, no matter what the circumstances of any officer-involved death, two levels of chiefs within the department will view the body-worn camera video right away.
The practice of making public notifications about such deaths varies greatly among police agencies around the country. To the best of our knowledge, for at least the last decade, TPD has not previously provided automatic public notifications about in-custody deaths unless requested (these investigations become public records at the conclusion of the criminal and administrative inquiries and any associated disciplinary appeal rights). In-custody deaths are rare and require further investigation to understand what happened. In addition, it has been our practice to defer to the wishes of the family for privacy.
Going forward, in order to meet the publicβs need for immediate transparency, if there is an in-custody death we will release information about these deaths even though it may be preliminary and incomplete. Barring exceptional circumstances involving constitutional rights, statutory prohibitions, or other legal requirements, we will also release body-worn camera footage within 72 hours.
This new approach is not without possible negative consequences. Releasing information before an investigation is complete can compromise both criminal and administrative investigations, potentially invalidating disciplinary actions and improperly influencing criminal charging decisions by prosecuting authorities.
The Tucson Police Department is not an agency βsitting onβ serious matters to hide anything. Any notion that we intended to mislead is baseless and wrong. To that point, we just released four reports and associated video for the restraint-related in-custody deaths that occurred over the past 10 years, even though these have always been available as public records. These releases highlight the complicated and tragic nature of each incident even when police use of force is within policy.
The in-custody death of Damien Alvarado on March 22 demonstrates that even when police use of force is appropriate, it is disturbing to watch. In this case, Mr. Alvarado fled the scene of a high-speed hit-and-run collision and fought with a father and son who followed him to prevent his escape.
When the first officer arrived on the scene, Mr. Alvarado continued to fight and successfully pulled the officerβs magazine (for holding bullets) from his duty belt. This was a violent fight, and the departmentβs administrative investigation found that the officersβ use of force, including the use of restraints, was appropriate given the totality of the circumstances. Unfortunately, two officersβ commentsβwhile not racial in natureβwere unprofessional. This is being addressed through the departmentβs disciplinary process.
Following Mr. Ingram-Lopezβs death in police custody, there are those asking, βWhatever happened to the βprogressiveβ Tucson Police Department and its commitment to community policing?β Some even seem enthusiastic about painting the Tucson Police Department as yet another agency with woefully inadequate policies and training; a department disconnected from its community; and a department with a dysfunctional organizational culture.
This, too, couldnβt be further from the truth. The Tucson Police Department was the first in the nation to adopt all β8 Canβt Waitβ recommended policies to reduce unnecessary use of force. TPDβs mental-health team is a model that other police agencies and service providers across the U.S. seek to replicate.
Weβve taken the innovative approach of involving community members as role players in our extensive, ongoing de-escalation training. And we have a Sentinel Event Review Board of diverse community members and subject-matter experts that meets to examine TPD policy and practices after major or controversial events to help us continue to improve.
A Sentinel Event board has already convened to review and evaluate the challenges surrounding in-custody deaths.
TPD officers are involved in problem-solving initiatives and projects based on neighborhood priorities in every division across the city. Our department is a reliable partner with neighborhood and community groups. We never say βnoβ to an invitation to participate in community meetings, events, or activities. Weβre also an agency willing to be part of difficult, candid conversations about systemic racism in the criminal justice system, including implicit bias, and the ugly role law enforcement has played historically in the treatment of Blacks, Latinos, and other minorities.
The βdefund the policeβ mantra has caused some to ignore just how progressive an agency we have become.
TPD has one of the first of its kind deflection programsβdeflecting hundreds of individuals with small amounts of illegal drugs into treatment instead of arresting them.
TPD is the largest police department in Arizona to issue Narcan to all our patrol officers, enabling them to provide immediate, lifesaving aid to people overdosing on opiates.
TPD has provided most of our patrol officers with 40 hours of crisis intervention training. And TPDβs Homeless Outreach officers work closely with housing specialists and navigators to help house the homeless they encounter in parks and encampments throughout the city. We were working with social workers long before such collaborations formed any part of the national dialogue.
We are not a department of uncaring, callous cops disconnected from the community. As with any institution, organization or business, the conduct of a few does not represent the whole. We have much to be proud of at the Tucson Police Departmentβmost of all, our highly capable, diverse, and community-engaged members. Our members went into this profession to make a positive difference. Many of our officers grew up in Tucson neighborhoods. We are the community, and you are us. Though some seek to divide us, I am grateful that our men and women continue to serve with distinction at a time when policing is more challenging than ever.
