Force used against Saenz lawful
The El Centro Police Department announced Thursday that the level of force used in the past arrest of a 23-year-old El Centro resident was deemed necessary after two separate agencies investigated the incident.
Imperial County Sheriff’s Office and Federal Bureau of Investigation conducted independent and unbiased reviews on the arrest of Elizardo Saenz, which occurred Nov. 15.
Both investigations concluded the use of force by El Centro police officers to be lawful and within policy, stated an El Centro Police Department press release.
A 54-second video that showed at least five El Centro police officers and a canine attempting to subdue Saenz caused controversy among the community.
ECPD stated numerous members of the public, several from out of state, viewed the video and were quick to jump to conclusion and condemn the actions of the officers involved.
The press release explained that the video only depicted a portion of the events that transpired while Saenz continued to evade custody and became physically combative.
At first glance, the video, which was taken by a citizen with his cell phone and posted to social media, suggested that officers used an excessive amount of force on a vulnerable person.
The press release stated the recording only showed the last 50 seconds of the incident, which lasted over a minute and a half in total, and failed to show Saenz running and concealing himself from officers.
The press release gave further information regarding the pursuit and arrest of Saenz, which began after police responded to a report of a vehicle theft.
Officers located the stolen vehicle being driven by Saenz, who refused to yield after officers attempted to conduct an enforcement stop.
After a vehicle pursuit through crowded parking lots and oncoming traffic that reportedly endangered a number of citizens, Saenz struck a parked car and disabled the stolen vehicle he was driving. The 23-year-old then fled the scene on foot and was located moments later at the rear of Carrow’s Restaurant, where he was found hiding between vehicles.
The press release stated as officers approached Saenz they noted, “Saenz had his right hand underneath a car and appeared to be trying to conceal something, the subsequent investigation determined the object was a cell phone.”
Saenz reportedly refused to comply with verbal commands and physically resisted the officers, who used batons and a police canine to detain him.
Investigators determined when El Centro police officers first made physical contact with Saenz, the greatest level of force used consisted of handgrips and arm and leg control techniques. The press release explained when officers were unable to control Saenz to the point they could handcuff him, a decision was made to deploy a police canine in an effort to obtain compliance and control.
When the canine first bit, Saenz was able to grab onto and fight the dog. The press release stated the social media video did not capture Saenz grabbing, pulling, fighting and sticking his first and hands inside the police canine’s mouth.
In an interview, Saenz admitted to investigators that he deliberately and willfully grabbed, interfered and fought the police dog. After Saenz’s actions with the dog, officers found it necessary to increase the amount of force they used by striking Saenz with fists and baton strikes. Body camera footage showed each strike on Saenz was made to a strategic and justified location on his arms and legs. The press release stated at no time was Saenz struck on the head, neck or other vital areas with a baton nor did he suffer from any other injures than the dog bite and bruising.
Body camera video confirmed immediately after officers handcuffed Saenz, all used of force by officers stopped, stated the press release. Saenz was arrested and transported to El Centro Regional Medical Center where he was treated for bruises to his arm and leg and for the dog bite. He was released from the hospital and within approximately four hours was cleared to be booked into county jail, where he ultimately pled guilty.
To ensure transparency of the incident, El Centro Police Department’s Chief of Police Eddie Silva Madueño requested the county Sheriff’s Office to perform an investigation, which was conducted by Imperial County Sheriff’s Office Administrative Investigative Unit. In addition to the request, the FBI conducted its own independent review of the case.
The press release stated recordings of the incident from cameras located in police cars and body worn cameras were used the investigations.
“I am proud of the officers involved and their resolve in the months following the incident as people from across the globe jumped to premature conclusions and wrongfully condemned their actions,” Madueño stated regarding the arrest incident.