Fall River police conclude use of force was justified in arrest of student

Fall River police have released the following statement concerning the incident that took place at RPA.

On Thursday May 2, 2019, two officers who are assigned to the Resiliency Preparatory Academy located at 290 Rock Street were involved in an incident with a 17 year old male juvenile student. This particular incident was unique because a video that was taken by another student became “viral” and was circulating minutes after the incident occurred. This video was captured and reviewed with the rest of the video collected.

All use of force incidents are reviewed through the chain of command and then are forwarded to the Office of Professional Standards. The Office of Professional Standards reviewed all video obtained during the administrative review. It was carefully examined frame by frame, especially during the moment that triggered the use of force, as well as when officers used force. Review of the video surveillance footage, coupled with the reports that were written by the officers, affirmed that the student’s behavior prior to the use of force incident was disruptive and destructive. The video also depicted officers using the utmost restraint and attempting to deescalate the situation. Despite their attempts, the student chose to continue with the tumultuous behavior and disobey requests from the school administration to wait outside for his father to pick him up. The student ultimately pushed a binder and a metal water bottle off the security officer’s desk toward the front hallway of the school. The student also kicked the binder further into the stairwell. There were students waiting in the area when these items were pushed and kicked. One officer then told the student that he must leave now and attempted to guide him toward the exit of the school. The student then turned back toward the officer and shoved him backward into a door.

Watching the incident at slower rate, at approximately 11:01:36 on Channel 2 of the surveillance system, the student braces the door frame and is in close proximity to one of the officers; eventually pushing him backward into the door. The door was being propped open, and the force at which the officer was pushed back caused the door to become dislodged from the stopper. This behavior is considered assaultive and at that time the officers attempted to detain the student, who further resisted and disobeyed verbal commands. During the struggle the student still remained resistant and forced him and the officers near the stairs. This created a very dangerous situation for the student and officers. The student and one officer lost their balance and tumbled down the stairs to a landing. It is at this point that the “viral” video becomes the next source of evidence.

When this video is played at a slower speed, it is clear that the officer was striking the upper left shoulder blade area of the student. According to Massachusetts Municipal Police Training Committee (MPTC) standards and the policy of the Fall River Police Department, this is considered a justifiable use of force and an appropriate area to strike. Review of video surveillance footage after the incident showed no apparent injuries to the student’s face and no injuries were reported.

Based on the totality of the circumstances, the officers were completely justified in their actions. They could not have predicted what the student was capable of doing next but only knew that his behavior was escalating. All officers are provided with numerous hours of training at the police academy regarding use of force, and all officers are mandated to participate in use of force training annually. Law enforcement incidents evolve rapidly and include a degree of uncertainty and split-second judgments. The subjects actions and perceived threats justify the level of force police are able to use.

The force option chosen, how it’s deployed and used against the suspect can have a subjective component. The officer may have a choice of reasonable options but based on objective facts and circumstances known to the officer at the time, he may chose a particular option over another.

In this particular case, based on the student’s actions, the officers could have chosen to use baton strikes, Conducted Electrical Weapon (Taser) deployment or further physical hand strikes. Instead they used the strikes to the shoulder as way to distract. Furthermore, the officers used even more discretion by electing to summons the student instead of physical arrest and subjecting him to the booking process at the police department.

The Fall River Police Department and Fall River Public Schools have a great relationship and strive to create an environment that is safe and allows for the children to be successful. School Resource Officers have specialized training as it pertains to their duties and use the utmost discretion at all times, never rushing to arrest or use force against students. In most situations, we are searching for alternative ways to resolve problems with students, such as programs like youth court. We want to avoid placing children into the criminal justice system prematurely. We continually strive to create trusting relationships to inspire children to invest in themselves and their futures. Unfortunately in certain circumstances, we are left with no other choice but to use force and arrest a student, but this always is the last resort.