It ‘shouldn’t have happened’
Lowell police chief sets policy for cops to take action on brutality
With the deaths of George Floyd and countless others due to violent police confrontation, law enforcement officers have been at the center of controversy of late. Whether facing protesters who are demanding reform or being criticized over social media, police departments are trying to address the cries for change.
Many local police officials are looking to take multiple steps.
Kelly Richardson, Lowell’s police superintendent, spoke over the phone on Friday to discuss the details of the “Duty to Intervene” order he issued on Thursday. The order demands Lowell officers intervene when they witness incidents of excessive force carried out by other officers of its own department and any other law enforcement agencies. Richardson said he came up with the idea for the order earlier this week in direct response to the death of Floyd on May 25 at the hands of Minneapolis police officers who have now been charged in connection with his death.
“Obviously, when you watch the video of Mr. Floyd, that shouldn’t have happened,” Richardson said. “Those officers should have intervened and stopped that officer from kneeling on him, they should have done much more than make a
suggestion that he take his knee off him, they should have removed him from that. It’s my responsibility that our officers know that I expect that of them.”
The “Duty to Intervene” order is an expansion of the department’s current Use of Force Policy that requires them to submit a report of how they handled an incident of excessive force.
However, Richardson pointed out that the current policy does not specifically note that officers should intervene when they see excessive force being carried out by “outside agencies.”
These include officers from other towns, state police officers and members of federal agencies. Richardson said officers who witness excessive force carried out by other agencies should document the incident in writing and submit it to a supervisor.
Said supervisor will likely pass the report up the chain of command to notify high-ranking officials of local or outside agencies.
“We need to step in then and we need to take it a step further,” Richardson said. “I don’t think that’s going to happen, but you just never know. You need to be prepared and that’s what we’re trying to do here. They have to take whatever action is necessary to stop the person from getting hurt. If that is more than a verbal command, then they need to step in and protect the prisoner.”
This is actually not a new order issued by a police department this week. Cambridge Police Commissioner Branville Bard Jr. announced a similar general order on Monday requiring department members “present at any scene where physical force is being applied to either stop, or attempt to stop, another member of the department when force is being unreasonably applied or is no longer required.” According to the department, those actions stopping excessive force can be either verbal or physical depending on the circumstances of the situation. This is
part of the department’s response to the 8 Can’t Wait campaign, a list of reformed police policies that protesters believe should be adopted by law enforcement officials.
“We continually examine our policies to ensure that they meet the state’s requirements, conform to the very best practices in policing, and prioritize the sanctity of human life,” Bard said in a press release. “While we feel that most, if not all, of our policies directly align with the spirit of what is being asked for in the
recommendations, an area where we felt we could be more explicit was the duty to intervene and stop excessive force by other officers.”
Fitchburg Police Chief Ernest Martineau did not return calls seeking comment.
Richardson further elaborated on Lowell’s process, saying that the excessive force report made under the order would go to the Deputy Superintendent of Support Services. Then the report would be given to internal affairs if the incident was local or to the outside agency whose officials were cited in the report.
“I know that if I was the Chief of Police, I’d want to know if my officers had gone into another city or town,” he added. “Not only is it illegal, it also ruins relationships between departments. You show respect when you have this uniform on no matter where you are.”
In an email to its members on Thursday, Massachusetts Chiefs of Police Association President and Hampden Police Chief Jeff Farnsworth said that departments in other towns should specify in their Use of Force Policy that all officers “should be aware of their personal responsibility” and “affirmative duty to intervene” during an incident of excessive force.
Brian Kyes, who is both Chelsea’s Chief of Police and President of the Massachusetts Major City Chiefs Association, said he sent out an email last week to other members of the association noting the duty to intervene and seven other policies other city police departments needed to clarify.
“I would guess that everyone has modified their policies and if they haven’t yet, they will in short order,” Kyes added.
In terms of punishments for violating the order, Richardson said it would be on a “case-by-case” basis.
An investigation would have to take place, observing the records of the officers in question to determine what the next action is. Regardless, Richardson said the department takes violations “seriously.” Though the order is indicative of a problem regarding police brutality on a national scale, Richardson added that he hasn’t seen any local instances of excessive force as of late.
“I think our officers are doing a good job of treating people fairly and only using enough force that is necessary to affect the arrest,” he said. “We have a saying here, ‘Once the handcuffs are on, it’s over. The fight is over.’ To me, that officer who kneeled on that man’s neck is a coward, because he was handcuffed, he was down on the ground and he was not a threat. That’s not the way Lowell police officers treat people.”