The Syracuse Police Department released details of its overhauled use of force policy on Friday, two weeks after a viral video of a forceful arrest sparked outrage among Syracuse community members. 

Chief Kenton Buckner worked to revise the policy in the first half of 2019 and officers have already begun training under the updated policy. The new rules clarify when officers can and can’t use force in interactions with people.

“Circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons, or methods provided by the Department,” the policy reads. “Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions.”

The viral video that sparked outrage shows SPD officer Christopher Buske threatening to use pepper spray on Shaolin Moore, 23, of Syracuse, unless he gets out of a vehicle. Buske then pulls Moore out of the car by the neck, striking him in the head with a closed fist. Several officers hold Moore down as he is arrested.

Moore was charged with resisting arrest and a sound reproduction violation — playing music too loudly. Common Council President Helen Hudson said in a statement June 4 that the video of Moore’s arrest was “disturbing.” A silent protest against police brutality was held the next day outside City Hall. Activists and politicians had urged SPD to clarify and reform its use of force guidelines.

Some details added to the use of force guidelines include banning chokeholds unless there is an immediate threat of serious harm or death and prohibiting the use of force on someone in handcuffs or restraints unless to prevent harm.  

Other rules encourage officers to attempt to de-escalate a situation, if possible, before using force; forbid officers from firing “warning shots”; and allow officers to kill an animal if it is a threat or is badly injured, diseased or preventing the officer from completing a lawful objective. 

Under the new policy, the perspective of another officer present during a forceful interaction will determine if the action was appropriate. Hindsight will not play a role in judging the use of force. 

“Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation,” the revised policy reads.

Officers are now advised to use discretion in determining how much force to use in a particular situation, but the amount of force used must reasonably align with the threat perceptions of the officer at that time. 

Before using force, officers must consider the behavior and conduct of the subject of a police interaction, as well as the potential for injury to officers and others. Whether the subject appears to resist arrest, the suspected offense or reason warranting a police interaction and the location of the interaction must also be taken into account, among other factors. 

The use of force is permitted to prevent subjects who are believed to have committed an offense from escaping custody and during stops where criminal activity is believed to have occurred or is currently occurring. 

Moore’s arrest followed a coordinated police operation in Skiddy Park, where people were arrested on drug-related charges. Buckner said officers heard loud music playing in the distance and went to investigate. 

SPD officers have a duty to intervene if they believe an officer is using excessive force, according to the policy. Those who intervene must report what they witnessed to a supervisor. 

The updated policy was released with SPD’s policies on body-worn cameras and officer behavior during traffic stops, as well as the old use of force policy. These policies  —- including both use of force policies — informed the use of force investigation spurred from Moore’s arrest, according to Sgt. Matthew Malinowski’s release. 

A press conference will be held Monday at the Public Safety Building in downtown Syracuse to share information on the use of force investigation. A community forum is also scheduled for June 28, at an unspecified location. 

Published on June 15, 2019 at 10:24 am

Contact Emma: esfolts@syr.edu